Q: Who owns what in this multifamily complex?
Grant Deed cites "Mr X and Ms. Y and Mr Z and Mrs Z, husband and wife as community property with right of survivorship." Mr & Mrs Z manage 2 rental units; separately Mr X and Ms Y serve eviction for owner move-in on the 3rd unit. Wouldn't the eviction need to be served by Mr & Mrs Z, who appear to control 2/3 property ownership? The Deed of Trust cites "Mr X and Ms. Y, husband and wife as community property with right of survivorship, and Mr Z and Mrs Z, husband and wife as community property with right of survivorship." Do either of these documents demonstrate Tenancy in Common vs Joint Tenancy? The Deed of Trust is a CA-Single Family - Fannie Mae/Freddie Mac Uniform Instrument -MERS, which also includes an 1-4 Family Rider Assignment of Rents.
Edited to add Mr. Dorfman. I'll take the snark as a compliment -- not law school "homework." I put it in simplest terms for getting the most accurate answer. Thank you to Mr Mandel for a thoughtful answer (not my property; bad assumption.)
A: This site is for general legal information, and the lawyers who respond are not paid for their participation. It is not a substitute for specific legal advice. The question contains assumptions unsupported by facts or the law. It also omits important information, which any competent attorney would need in order to provide advice. If this is really a serious situation, invest in a consultation with a knowledgeable attorney. If you do not know one or have a source for a referral, then try your county bar association lawyer referral service. They can arrange a consultation for a very reasonable fee.
A:
This sounds to me like the 4 people decided to act as their own Real Property Attorneys and created deeds of their own wording. In doing so they have created a mess. Who knows who owns what? Ultimately, if you all dispute it, a judge will determine who owns what, if you cannot come to an agreement, finalized in writing by your attorneys, and undo the Gorgon's Knot that you have created. Sorry it is stressful to a number of families and their children, but the old adage is: "Once you make your bed, you must lie in it." Mr. Dorfman's point is the free advice you get here is worth what you pay for it, and we do not respond to questions here to give you free legal solutions, only to identify the problems, which you have already done. Instead of paying an attorney a little to draw up a Trust or a deed to accomplish what you wanted, now you get to pay an attorney a lot to get this untangled. This is not being "snarky" to you, it is your wake up call.
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