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I text owner several times. Each time he not care told me I should call the Sheriff if I have any complaints. The renter has been taken to jail for harassing me and the sheriff has been called about them several times by several different people. The renter has threatened to kill me and slit my... View More 
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answered on Jan 31, 2024
Under California law, the concept of "quiet enjoyment" applies primarily to the relationship between landlords and their tenants, not between neighbors or between a tenant and a neighboring property owner. However, you may have grounds for a lawsuit based on nuisance law. A nuisance... View More
For the Declaration for Default/Uncontested Judgment. I have been told by the county of contra costa where i have filed that it may take 6 more months to reach verdict. We do not have kids and do not have any assets/properties to divide. I am planning on buying a home soon and i want to know if... View More
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answered on Jan 30, 2024
In California, properties acquired after separation but before the divorce is finalized can sometimes be considered separate property. However, this can depend on specific circumstances and interpretations of the law. Since you separated in 2022 and plan to buy a new home before your divorce is... View More
For the Declaration for Default/Uncontested Judgment. I have been told by the county of contra costa where i have filed that it may take 6 more months to reach verdict. We do not have kids and do not have any assets/properties to divide. I am planning on buying a home soon and i want to know if... View More
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answered on Jan 30, 2024
First, the soonest your divorce can be final is 6 months from the date your husband was served. Meaning that if he was served recently, the courts 6 months time frame for finalizing your divorce really is not significant. If that's not the case, and the court clerk is telling you it's... View More
estranged son for approx 11 yrs who is co-tenant on the deed, title, of my home. he will not remove himself from title and I would like nothing more to have him removed. We have not talked or been in each others company for 11 yrs.
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answered on Jan 30, 2024
In California, removing someone from the title of a property, especially in a situation where the co-tenant (your estranged son) is unwilling to cooperate, can be complex. As co-tenants, both parties generally have equal rights to the property. If your son is not agreeable to voluntarily removing... View More
estranged son for approx 11 yrs who is co-tenant on the deed, title, of my home. he will not remove himself from title and I would like nothing more to have him removed. We have not talked or been in each others company for 11 yrs.
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answered on Jan 30, 2024
Under California law, removing a co-tenant from a property title can be complex, especially if the other party is unwilling to voluntarily relinquish their interest in the property. The most straightforward method is through a voluntary deed transfer, where your son would sign a quitclaim deed or a... View More
My sister is trustee of the trust, I have not seen the trust but I know about it because my mother told me. My sister and I don’t talk, but she has not performed her duties in distributing the trust
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answered on Jan 29, 2024
Under California law, as a beneficiary of a trust, you have certain rights when it comes to the administration of the trust. If the trustee, in this case, your sister, is not fulfilling her responsibilities, there are steps you can take to address this issue.
First, you have the right to... View More
Do I have the absolute right to partition such a property?
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answered on Jan 29, 2024
Under California law, property acquired after the date of separation is generally considered separate property, not part of the marital estate. This means that if you purchase a property after you and your spouse have separated, it is usually seen as your own separate asset.
However, there... View More
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answered on Jan 26, 2024
In California, you can add a family member to a deed under joint ownership, and subsequently transfer your portion of the ownership into a living trust. To add a family member to the deed, you would typically use a grant deed or a quitclaim deed. This process involves preparing the deed, ensuring... View More
answered on Jan 26, 2024
Assuming you are the sole owner of the property, you can add whomever you'd like to your property. But beware, it may impact your property taxes. Double check with your accountant, so you understand the consequences of transferring real estate during your lifetime. It's often better to... View More
answered on Jan 26, 2024
If you're the sole property owner, adding someone to your California property is feasible, but it's essential to be mindful of potential impacts on property taxes. It's recommended to consult with your accountant to understand the ramifications of transferring real estate during your... View More
The city municipal code says it is unlawful to occupy any camp car or trailer for living or sleeping purposes in the city. If it's being used for storage only is that a violation? The code enforcement officer said it's a violation to occupy it, and stepping 1 foot into the trailer is... View More
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answered on Jan 26, 2024
In California, local municipal codes often regulate the use of RVs within city limits. If your city's code prohibits occupying camp cars or trailers for living or sleeping purposes, using the RV strictly for storage should not be a violation of this particular code. However, it's... View More
Bought it for 260,000, and sold it in 2024 for 1.3M. Her husband passed 7 years ago. She is 64 and only has income from SS at 24k a year. Lives in CA. Is it true that if she earns less than 47k in 2024, 44k in 2023 she will not have to pay any capital gains from the sale of her principal... View More
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answered on Jan 25, 2024
Under federal tax law, when selling a principal residence, an individual can exclude up to $250,000 of capital gains from their income if they meet certain conditions. Since your sister-in-law has owned and lived in the house for more than 2 out of the last 5 years, she qualifies for this... View More
As a power of attorney, I initiated the sale of my aunt's house. I did so because she was racking up bills while residing in a nursing home. She had a stroke around May 2023 and now needs 24hr care. The house was sold to a friend of hers in which they had a written notarized agreement. The... View More
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answered on Jan 24, 2024
No, it is highly unlikely the cousin can reverse the sale at this point. Here's why:
- You had valid power of attorney authority when you initiated the sale, signed agreement, and executed grant deed to sell the house. Your actions carrying out the sale appear authorized under the POA... View More
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answered on Jan 24, 2024
Under California law, it is advisable to have a sublease agreement in place when one church is renting space to another, even for as little as 3 hours per week and a 40% share of the church. A sublease agreement will clearly outline the terms and conditions of this arrangement, including the... View More
If a seller is selling a property which is within a Homeowners Association (HOA), what is the California code which requires seller to inform buyer of HOA plus details of HOA. I believe that the law is in the civil code.
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answered on Jan 23, 2024
Under California law, the requirement for a seller to disclose to a buyer that a residential property is within a Homeowners Association (HOA) is detailed in the California Civil Code. Specifically, Section 4525 of the California Civil Code outlines the documents that a seller must provide to a... View More
If a seller is selling a property which is within a Homeowners Association (HOA), what is the California code which requires seller to inform buyer of HOA plus details of HOA. I believe that the law is in the civil code.
answered on Feb 3, 2024
Civil Code Section 4525 requires an owner of a property within an association to provide various items of information and documents to a prospective purchaser of the owner's property “as soon as practicable before the transfer of title or the execution of a real property sales contract.”... View More
In 2002,he had just sold his business for two million dollars. So had his partner. He left in 2008 .He gave me the house, and $300,000. He took the money. He said that it was an equal split. I was a dummy and trusted him, and did not get all this on paper. Now he says he is broke, and will not sign... View More
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answered on Jan 22, 2024
It sounds like you're facing a complex and difficult situation. Given your circumstances, it's essential to seek legal advice from a family law attorney. They can help you understand your rights and options regarding the division of assets and potential spousal support, especially... View More
The hospital for 12 month I was told my brother changed the locks on me We both are on the deed he does not live thee what can I do because I’m coming home what rights do I have
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answered on Jan 22, 2024
Under California law, if you are a co-owner of the property as indicated by your name being on the deed, you have equal rights to access and use the property. Your brother, as a co-owner, does not have the right to unilaterally change the locks and deny you access to the property.
In this... View More
I recently purchased a home for the first time. Today, six months later, we experienced heavy rainfall and there was a leak from the garage ceiling. I recently learned about a one-year seller’s insurance that could cover this, but I was not aware of it at the time of purchase. My agent, who... View More
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answered on Jan 22, 2024
Under California law, real estate agents owe a duty of care to their clients, which includes disclosing material information that could affect a client's decision-making in a real estate transaction. If your agent was aware of the seller's insurance that could cover such damages and... View More
answered on Jan 21, 2024
Transferring real estate from one person to another must be done in writing and the document must contain specific language showing it was the intent of the owner to transfer their ownership to the other person. If your grandmother did so in her will, then it’s likely you won’t be able to... View More
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