I co-own a fourplex in El Centro CA I live in LA.Other co-owner collects rents, maintenance, now not distributing funds.

Question

I inherited this fourplex from my mother. She bought the building she put all the down payment and put him on title so he would take care of property for her since he lives around the corner from building.  
They would split the rental income down the middle he would deposit to her bank account all went fine 15yrs plus. Building is paid off long ago. Mother passed away and the co owner who is my uncle thru  
marriage continued to split profit down  
middle and deposit to me but only like 3- 
4yrs after Mom died. I have received nothing no money for several years now  
I keep calling and write letters to him asking him for the profit n loss papers/ anything to do my taxes. I drove out there to look at building I got yelled at by him even my own grandma got upset at me for going there. All I did was park look around the outside that's it I didn't talk to anyone. If I call him to ask where's all my money from back years all hell breaks loose. It's a nightmare. How can I make him pay me?

Hasti Rahsepar · Answer

Hello:  
 
You would have to file a breach of contract action against your uncle so long as there is something in writing that you both are entitled to share the profits.  
 
Feel free to contact our office should you have further questions.  
 
Thank you 
HDR Law Group 
Email: hasti@hdrlawgroup.com 
Phone: 818-453-0453

James Clifton · Answer

If there is nothing in writing regarding the allocation of rents and expenses, you would have to rely on equitable remedies like an accounting, partition, breach of fiduciary duty, or constructive trust to try and get your portion of the funds. Each of those are complicated legal matters and require the expertise of an attorney. Schedule a free consultation to ensure you get the money you are entitled to.

James L. Arrasmith · Answer

Based on the situation you've described, you have strong legal rights as co-owner of the property and are entitled to your share of rental income and financial documentation. 
 
You should send your uncle formal demand letters via certified mail requesting all financial records, rent rolls, and your portion of rental income for the past years - keep copies of everything you send. Since he's breaching his fiduciary duty as co-owner by withholding funds and records, you can file suit in California Superior Court for an accounting, partition of the property, and monetary damages for the unpaid rental income. 
 
Consider working with real estate litigation attorney who can help you file for partition, which would force sale of the property and distribution of proceeds, or potentially buy out your uncle's interest. Meanwhile, document all communication attempts and gather any records you have of previous payments received and the original arrangement your mother established. The court can order your uncle to provide all financial records and your share of past rental income, plus potentially award you damages for his breach of duties as co-owner.

Q: I co-own a fourplex in El Centro CA I live in LA.Other co-owner collects rents, maintenance, now not distributing funds.