Legal Question in Real Estate Law in California

I purchased a property with my brother as equal owners 17 years years ago. Due concerns about a potential issue I thought I may have with the IRS, we agreed that he would only be named on the title, and my name would be added later when if or any issues with the IRS were resolved. After finding out that I had no issues with the IRS, I told my brother that I needed to be added to the title. At first he made excuses for not getting around to doing it, and eventually flat refused to have my name added,( I realizing later he was exploiting the fact that only his name is on the title as a way to try to control me). I have documentation that shows I paid most of the closing costs, money order receipts for paying all of the mortgage payments for the first 7 1/2 years of a 15 year loan ( on which he claimed the mortgage interest tax deductions on the interest I had paid) receipts for expenses making improvements and upgrades to the property. His interest in the buying the property was for the acreage to store his collection of 30 vehicles, mine was for the house to live in, which I have lived in continiously for 17 years after closing. I estimate I have 3 times the amount of equity invested in the property than he does. His mental health issues have continued to get worse over the years. 10 days ago I found a 30 day notice to quit, taped to my fence. Not only am I indignant and outraged by this, but extremely stressed at the prospect of being evicted from my home, and the fact that I believe he intends to sell the property and keep all of the proceeds for himself- stealing the equity I have invested in the property, literally my life savings. I don't have the financial means to hire an attorney at this very moment, and am trying to come up with the funds as I write this. Is there a legal way for me to stop the eviction in order for me to buy some time to in order to retain an attorney and get a partition action started in my behalf?


Asked on 7/12/17, 8:55 am

1 Answer from Attorneys

There are a number of legal options open to you, but the trouble with all of them is the same as with a partition action, you have to file a court case and you are not in a situation where a non-lawyer could figure out what to do and how to do it. The only free option is to ignore the notice and see if he files an unlawful detainer action. You could also point out to him that since you have lived there over a year, he has to give you a 60-day notice. That might buy some time. But he could sell the property with you on it and leave it to the buyer to evict you. The sooner you get a lawyer the better.

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Answered on 7/12/17, 10:40 am


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