Las Vegas, NV asked in Real Estate Law, Landlord - Tenant and Probate for California

Q: Well I've been through probate and the judge ruled Sept 6 2023 but my sibling do not want to sale or pay rent buy me out

And she's been staying in the house for about a year rent free need help

2 Lawyer Answers
Gerald Barry Dorfman
Gerald Barry Dorfman
Answered
  • Landlord Tenant Lawyer
  • Mill Valley, CA
  • Licensed in California

A: I see you are in Las Vegas. If you meant to post in the Nevada law section, try again. This information only applies to property in California. There is a simple solution, although it does take some time. You can bring a lawsuit, called a "partition action", where the court will order that the property be sold. Start talking to real estate litigation attorneys.

Yelena Gurevich agrees with this answer

James L. Arrasmith
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Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

A: If you've already been through probate and received a court order regarding the distribution of assets, then that order should be enforceable under California law. If your sibling is refusing to abide by the court's ruling, you have the legal right to take action to ensure compliance. You can file a motion with the court to enforce the order or request a partition of the property.

A partition action, if successful, will compel the sale of the property and distribution of the proceeds according to ownership shares. If your sibling has been living in the house without paying rent or without an agreement, you may also be entitled to compensation for their use of the property. It's essential to gather all relevant court orders, documents, and correspondence to build a strong case.

Consider discussing the situation with an attorney to evaluate your best course of action. Prompt action can help in ensuring your rights are protected and the court's orders are followed.

1 user found this answer helpful

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