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California Lawyer
California Lawyer, Attorney
Category: Estate Law
Satisfied Customers: 953
Experience:  Licensed to practice law in California
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I feel like I am very stuck in a situation right now. My

Customer Question

Hi, I feel like I am very stuck in a situation right now. My situation is in regards ***** ***** mothers home. When she passed away 14 years ago, her home was then divided 25% between myself and my three brothers. My oldest brother is in charge of her estate, but in a verbal agreement he allowed me and my two daughters to live there as I keep up the maintance on the house and pay the taxes, ground rent, and insurance on the house but now my two other brothers whom have their own homes, while two of my three brothers live in different states,want me out so they can get their money. I have done so much for the house and has been living there since my parents bought it back in 1960's. I was wandering since its been over 14 years that I've paid for everything even though all four names are ***** ***** bills what can I can do so I can keep the house so I have a place for my daughters and my 4 year old granddaughter to live.
Submitted: 3 months ago.
Category: Estate Law
Expert:  California Lawyer replied 3 months ago.


This is probably not going to be the answer you wanted, so please don't shoot the messenger.

You own only 1/4 of the house, but have had 100% of its use. I realize you have been paying the taxes and doing upkeep, but your other three siblings could have also demanded that you pay 3/4 of the market rent. Had you not been living there, the property could have been rented and the proceeds divided 4 ways.

The short answer is that they are within their rights to demand their money and can force the sale of the property. If you want to keep the property, buy them out - secure a mortgage for 3/4 of the value of the property and pay them off.

I hope this helps.


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