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My brother and i purchase a property together in 1990 .He…

Customer Question
My brother and i...

My brother and i purchase a property together in 1990 .He die in march what my rights he left behind two adult children and there mother he never marry her they live in the house .I been paying the mortgage trying to sell property pay to clean it up paying isurance . offer her money from sell and money for the two kids to move out house needs a lot of work real estate agent house will only sell to cash buyers running out of time and money

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Has any paperwork been filed?

Only had my brother remove from deed

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

What are my options

Submitted: 6 months ago.Category: Real Estate Law
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Answered in 1 minute by:
11/29/2017
Real Estate Lawyer: Legal Eagle, Lawyer replied 6 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 12,279
Experience: Licensed to practice before state and federal court
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Hello! I am a CA licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Real Estate Lawyer: Legal Eagle, Lawyer replied 6 months ago

Thanks so muchf or your patience. Are you aware of how you and your brother held the deed? Did you hold it as joint tenants? Did you hold it as joint tenants with a right of survivor? Or were you just tenants in common?

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Customer reply replied 6 months ago
i guess joint tenants
Real Estate Lawyer: Legal Eagle, Lawyer replied 6 months ago

I see. Okay, if this is the case, then your share of the property is going to remain the same, but who you own the property with is going to change. If he is not married, but he has two children, then his children are going to become owners of the property unless he has a will that leaves ownership of this property in some other fashion. His children's mother has no ownership interest in the home. If they are living in the home, they are going to be considered tenants. This means that you would need to give them 60 days notice to remove themselves from the property if you want them out. Regardless, you'll need to get the permission to sell the property from the children. One thing you could do is sell your 1/2 interest in the property to whoever you want if you want something for the home, but that would require some legwork on your end.

What other questions did you have for me today?

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Customer reply replied 6 months ago
there was no will just trying to do right thing but there mother being hard to deal with offer half of low end base on real estate agent estimate that he can get didn,t want offer high and not get it
Real Estate Lawyer: Legal Eagle, Lawyer replied 6 months ago

I see what you mean. If there was no will, then both you and the children are going to be the rightful owners under CA law. You may need to evict the mother. You're allowed to under California law to do such a thing. The only tricky part is that if the adult children don't want her evicted, they can have her stay as well since they jointly own the property with you. So, if you can't come to an agreement, then you can request a partition (sale of the property) through the courts, citing that you're coming to a disagreement. Does that make sense?

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