Legal Question in Real Estate Law in California

Commonwealth Law??

I've been living with my girl friend for past 20 years. We were never married but have two kids. We've decided to part ways. Due to my credit rating 10 yrs ago, my younger brother cosigned on the house that we live in. Therefore, my brother and my ex's name is on the deed and and on the loan. My question for you is in California, is there commonwealth law which entitles me to part of the house? Also, can my brother force my ex to sell the house and split the profit. She is insisting to stay in the house. Your prompt response would be greatly appreciate it.

Thank you,


Asked on 10/03/07, 4:08 am

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Commonwealth Law??

California is a community property state. However, that does not apply to your situation as your were never married. The status of the house is a complex legal question depending on the facts of the case. The facts in your case may support a finding by the court that the principles of community property should be applied in this case.

If you brother merely cosigned on the loan he may well not have an interest in the property.

You should consult with an attorney to fully evaluate the facts of your case and then determine the options available.

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Answered on 10/18/07, 3:31 pm


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