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Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 34500
Experience:  30 years of real estate practice experience.
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My 21 yo cousin purchased a condo for income property with a

Customer Question

My 21 yo cousin purchased a condo for income property with a the proceeds left to her by her mother upon her death. She purchased all-cash. The real estate agent she used told her she needed someone else on the deed as she had bad credit or else she could not purchase the condo. The belief if that her father agent conspired to get the father on the deed as well. Is there a legal way to have the courts remove her father from the deed so that it is solely in her name? The condo is located in Pomona, CA.
JA: When did this issue begin?
Customer: October 2016
JA: Anything else you want the lawyer to know before I connect you?
Customer: think that's it
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  Loren replied 2 months ago.

Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I appreciate your patience as I review your question. I will post my response shortly.

Be aware, however, this is general information and no attorney client relationship is established.

The site may ask you if you wish to speak by phone for an extra charge. There is no obligation for you to accept the phone call offer, unless you want. While I am happy to speak to you, if you wish, I am also happy to continue online. So, there is no pressure to spend extra money.

Expert:  Loren replied 2 months ago.

If the father will not voluntarily relinquish title then a court could order his removal (with compensation) if she filed for a partition order.

If real property is owned concurrently by two or more persons then any of the interested parties may bring an action to "partition" the property which, effectively, requests the court to physically divide or, alternatively, order the sale of the property and division of the proceeds. The action is called a Partition Action and for people with concurrent interests (currently existing) who have not "waived" the right to partition, this remedy is an absolute right. The demand for partition must be granted by the Court to such plaintiffs -- although the details of the order can vary widely. The "order" for the sale is typically an Interlocutory Judgment of Partition by Sale, either issued soon after the lawsuit is filed but sometimes not until all of the financial and legal issues are resolved.

Partition actions must be filed in the county where the property is located. Any person with an existing or future interest in the property may bring the action.

The court has broad equitable powers to protect the interests of all concerned, to prevent waste and to otherwise protect the interests of the owners. In a significant portion of the cases, one of the parties is in possession of the property, whether residing therein in a residential context or operating a business therefrom in a commercial context. There may be issues of fair rental value, payment of the mortgage, insurance, and maintenance expenses, or preservation and distribution of rental receipts. As each situation is different, it is essential that the parties carefully consider the administrative aspects of the property as well as the marketing and sales requirements so that the Interlocutory Judgment may be appropriately fashioned. The Court is empowered to "order allowance, accounting, contribution or other compensatory adjustment among the parties according to the principles of equity." CCP 872.140. The court may require the parties to contribute funds to the operation of the property, to grant access to the property to various persons including the referee, and to make whatever other arrangements are necessary to preserve the asset and to separate the dispute over the property from the efforts to get it sold.

This is an equitable remedy, which means the litigation is somewhat complex. While not proceeding pro se is not legally required, it is strongly recommended you retain an attorney to move forward.

If you need assistance finding local counsel try Martindale Hubble (site rules prohibit us from referring specific attorneys). Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise:

http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspx

It is a huge worldwide database searchable by location and specialty. The attorneys are all peer rated. So, they represent the top of the profession.

Expert:  Loren replied 2 months ago.

Did you have additional questions? I am happy to continue if you do.

Otherwise, have I answered your question?

Expert:  Loren replied 2 months ago.

If you have no further questions please remember to rate my service (5 Stars) so that I am credited by JA for answering your question and also so that I may close the question.

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Thank you!