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I have kind of a strange dilemma, so I'm not sure if this

Hi. I have kind of...
Hi. I have kind of a strange dilemma, so I'm not sure if this can be answered. I own the house I live in, but I split it 50/50 with my older sister who does not live in the home. My parents do live in the home. Because of this, my siblings who I have contentious relationships with feel that this is "parent's house" and they come and go at will without my permission. What are my legal rights in terms of having unwanted relatives coming over when I don't want them in my house?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: California
JA: Has anything been filed or reported?
Customer: No, I'm not sure what to file or what it would do, but I'm trying to keep the family drama to a minimum. This would cause a problem for the family.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Is this a free consultation?
JA: The Lawyers require payment for their services. It's way less expensive on JustAnswer than face-to-face would cost.
Customer: Okay, what might the cost be, if I speak to the lawyer?
JA: It can cost anywhere from $10 to $100, depending on the type of issue and how much of the Lawyer's time your question is expected to take (how complex and lengthy an answer you require).
Customer: Okay. I'm going to do a bit more research on my own, and then I will probably come back for a consult. I'm new to all of this. Thanks for your time.
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Answered in 34 minutes by:
9/9/2017
socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 39,387
Experience: Retired (mostly)
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NOTICE: If you are presented with an offer for a phone consultation, which may appear to have been sent by me, please know that this is an automated website offer, and that I do not participate in this Justanswer program. If you would like to correspond with me directly, whether by phone, email or otherwise, then do not accept the phone call offer, because your request will be accepted by a random contributor, who may or may not be licensed to practice law in California – and, I will be unable to provide further assistance. Instead, simply type to me that you would like my direct contact info, and I will send you a specific offer for that purpose.

Hello,

I am a member of the State Bar of California, the Bar of the U.S. District and Bankruptcy Court for the Central District of California (San Luis Obispo, Santa Barbara, Ventura, Los Angeles, Orange, San Bernardino, Riverside Counties), the Bar of the U.S. Tax Court, the California and National Associations of Realtors, and I have comprehensive information about all areas of California law.

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Michael Bradley
Category: Legal
Satisfied Customers: 1,131
Experience: Owner at The Protection Group LLC
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have you asked for a new expert?

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Customer reply replied 2 months ago
Hello. Yes, I have.

when you say you own it but split it 50/50 what do you mean?

is the title to the property only in your name?

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Customer reply replied 2 months ago
The house was paid off while we were renting, and then deeded over to myself and my sister. Both of our names are ***** ***** deed. As far as I understand, that means we own the property 50/50. Would that be correct?

if it is by tenants in common, yes

if by joint tenants with the right of survivorship then last one standing takes all

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Customer reply replied 2 months ago
How would I find out which of those it might be? All I have is the "Quitclaim Deed."

it should be on the deed

you can send me a copy using the paperclip icon above where you type

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Customer reply replied 2 months ago
Okay, I'm attaching the document.

it is joint tenants which means last one standing take the property

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so you live there with your parents

in no means legally is it your parents home. was it theirs before

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Customer reply replied 2 months ago
Okay, great. A friend bought this house in 1993 for my family, with the idea that we would be renters, and part of the payment would go to paying off the house. We paid it off in full in 2011-12, and that is when they wanted to deed it over to us; it was gifted over. It was never in my parents' name. It went directly from the Noacks family to my sister and my name. Could you please explain what you meant by "last one standing takes the property." If my sister did not live there at the time of switching onto the deed, does that make any difference? And does this mean that if I live here, I have a final say on who can and cannot come onto the property? For instance, if my sister is here and she invites my brother over (who is very disrespectful to me, and who I would prefer not come over), does that mean he can stay as long as she lets him? Same question for my parents - if they invite the family over, but I tell someone to leave, do they have to or not? Sorry for all the questions.

it makes no difference who lived or did not live there

it is who ever lives longer takes it all unless it is sold or the deed changed

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now the sticky part

your parents are essentially tenants if they want to invite people over they can but they must respect your wishes as an owner

your sister as an owner technically are on the same as you since you are co-owners

you have final say over your parents, not so much with sister

legally yes sister can invite him over but sisters need to get along on this issue

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i would suggest having a sit down with sister to figure out how this can be resolved

they let you know so that you are not there, they stay a set period of time, etc.

it is clearly not the parents home though

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Customer reply replied 2 months ago
Okay, so I will meet with my sister separately to go over rules on this issue. As for when relatives come over unannounced when I am home and are told to leave, but don't, what is my legal recourse? I don't want to call 911 every time they get pushy or argue with me, and my parents side with them so I don't even know how to subdue the situation, much less avoid it altogether because I live here and I have to see them all the time against my wishes. If that makes sense. I want to be able to tell them that legally, they have to leave the property because I said so and they are trespassing, but they just ignore that or come over when I am not home. So I don't know how to deal with that problem. I feel like even if I'm the owner and responsible for the home, I have to let everyone be here whether I agree or not.

if they really will not leave then I would suggest who invited them over, your parents I assume, that they all leave and respect your wishes as the owner of the place.

if that fails then you would have to call 911. i agree not a great option

if they are there when you are not there then there i nothing you can do about that

taking the high road is never easy and taking a few bites of the s*** sandwich is never easy

I truly feel for you

hopefully you can deal with your sister and parents and finally get a common ground

Michael Bradley
Category: Legal
Satisfied Customers: 1,131
Experience: Owner at The Protection Group LLC
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Customer reply replied 2 months ago
Yeah, I agree. My options don't look too good, but I will try to work out some solution that works for everyone. Thank you, ***** ***** you taking the time to answer my questions.

you are welcome

good luck

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