Los Angeles, CA asked in Estate Planning and Landlord - Tenant for California

Q: My mother and my aunt are 50/50 home joint tenants of a house property in Los Angeles. My aunt has a living trust for

Her Part and my mom has a living trust and am her benificary. Can my aunt still evict me out of the property even thought my mother wants me to stay

2 Lawyer Answers

A: The answer to your question will depend on the language in the two trusts you mentioned. I have several points that may help.

First, people cannot control something they don't own. I cannot control who gets to use your car because I don't own it. In your situation: (1) your mother cannot control what happens to the entire property because she doesn't own the entire property. She only owns half, so she can only legally control her half. (2) You don't own either half of the property, so there is nothing you can do to change the situation. If you pressure someone to give you the home, it's possible you could be liable for elder abuse. The decision must be made by the person who owns the property. I understand you are interested in your future, but please remember that children are not automatically entitled to inherit their parents' assets. If your mother changed her mind and decided to give her half of the property to a charity, she could -- because she owns it. [For your sake, I hope she doesn't.]

Second, there is a way to draft a trust to give someone a right to reside in a home during their lifetime even if that person does not own the home. That is common in blended family situations where a homeowner wants to leave the family home to his children but allow the second spouse to live there during their lifetime. After the second spouse dies, the children of the first spouse would inherit the property. But, in your case, this would only apply to your half of the home. So, if your mother passed away before your aunt, you inherited your mother's half of the property, and your aunt wanted to live there too, she could.

Third, it's difficult to sell half a house, but it's possible an investor or relative might be interested in doing so. Would you want to own half of a house and not be able to control the other half? Often one owner will buy out the other, so the buyer ends up owning the whole house. There are other solutions as well.

Best wishes!

James L. Arrasmith
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Answered

A: Your situation involves complex joint property ownership rights that intersect with living trust arrangements. Since your mother and aunt are equal joint tenants, they both have equal rights to the entire property, not just their individual 50% shares.

In California, one joint tenant typically cannot unilaterally evict someone who has permission from another joint tenant to reside there. Because your mother has given you permission to stay and she holds equal ownership rights, your aunt would face significant legal hurdles trying to evict you against your mother's wishes.

However, if serious conflicts arise, the situation could lead to court intervention where judges weigh various factors including property rights, living arrangements, and the intent of both owners. It would be wise to encourage your mother and aunt to reach an agreement about the property's use and occupancy. You might consider consulting with real estate attorney to understand your specific rights and help mediate between the joint owners if needed.

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