Legal Question in Landlord & Tenant Law in California

Re: Sister doesn't pay fair share

A partition action could be filed ordering the house for sale and requesting funds from the defaulting sister. Please contact our office to review your documentation and for consultation.

Re: Sister doesn't pay fair share

First of all, you are not necessarily the co-owner. If you and your mother held title as JOINT TENANTS, then you have right of survivorship, and own the house 100%.

On the other hand, if you owned it with your mother as TENANTS IN COMMON, then you own 1/2 of the property and your mother's estate owns the other half. If it does not show either, then it is considered to be Tenants in Common.

The answer to your question, then, is you need to evict her (unlawful detainer). If you are sole owner of the property, you can just do so by filing the required paperwork in court, and serving her. On the otherhand, if the property is only 1/2 owned by you, the other half will need to go through probate in order to distribute appropriate title to everyone.

Re: Sister doesn't pay fair share

Your question should have already been answered by the previous responses. I would just reiterate that you need to find out what title you held with your deceased mother with respect to the property.

Also, you should look into possibly probating your mother's estate to avoid any disputes regarding the property if you find out that your mother's estate has a share in the property or if you mother had other valuable assets.

As for your sister. If you have full ownership, then, as mentioned, you need to bring a Unlawful Detainer Action.

The information provided to you is of a general nature. We hope this information has been helpful to you, but you should always obtain competent legal counsel who is familiar with your specific legal issues to determine the best course of action. If we can help you in the future with anything, please feel free to email or contact us at www.unalaw.com