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CALawyer, Lawyer
Category: Real Estate Law
Satisfied Customers: 1655
Experience:  Practicing Real Estate Attorney
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I live in California. When my sister moved in with me, I put

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I live in California. When my sister moved in with me, I put her name on the title in case anything happened to me. She's not on the mortgage. I moved out of the house (relocating to a different city) a few years ago, and she began paying rent to me, a portion of the mortgage. She stopped paying anything 4 months ago, and refuses to leave; I'm at risk of foreclosure now, since I can't cover the mortgage (I'm paying rent elsewhere.) Since she's on the title, can I evict her? What are my options? I'd be happy to move back in and pay the mortgage...
Submitted: 6 years ago.
Category: Real Estate Law
Expert:  CALawyer replied 6 years ago.
There are a few options:

1. In California, each co-owner has an equal right to possess the property. You can move back in at any time. If she prevents you from doing so, that is an ouster and she can be sued for that. However, in the same vein, she cannot be evicted unless she is first determined to not be an owner.

2. You can sue her to quiet title to the property (an order saying you own the whole thing), if the deed was just for estate planning purposes, or partition (to sell the property and divide according to interest).

3. You can sue her for contribution (her portion of the mortgage payments).

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