Ontario, CA asked in Estate Planning for California

Q: Brothers suing me over house I live in. Our names on deed. Plan on evictingbme to sell

everyone off of the land.

If you chose the second option, the costs of evicting you and the rental value of the house for the entire time you’ve been there, plus attorneys fees, will be taken out of your share of the proceeds when the property is sold.

There is no option where you stay in possession of the house. Please take the money and cooperate or you are going to cost yourself many tens of thousands of dollars.

This is what their attorney sent me.

This right?

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1 Lawyer Answer
Julie King
Julie King
  • Estate Planning Lawyer
  • Monterey, CA
  • Licensed in California

A: If the house was inherited by another person and you, then that other person has just as much right to the house as you do. So, by you taking 100% possession and not allowing the other owner to benefit from the inheritance, you are taking and using someone else's asset. Think of it this way: What if you and another person owned a car together and agreed to split it 50/50. But the other person took the car and never gave it back to you to use. Would you be mad? It's half yours, but you never got to use it. Your situation is the same. If you only own 50% of the home, then you cannot possess 100% of it without compensating the other owner. If the two of you do not resolve the differences between you, it is likely a judge would force a sale of the property and each of you would get 50% of the proceeds of the sale. If you want help with this matter, hire a lawyer to represent your interests. A lawyer would need to read the trust, will, probate record, or whatever information is available about who owns the property before a lawyer could properly advise you.

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