QUESTION
Is it legal for my son to get me out of the house so they can sell it?
Asked on Dec 17th, 2013 on Estate Planning - California
More details to this question:
She left my son and I equal shares. The house is upside down in the mortgage. She owed a lot I. Taxes.
9 ANSWERS
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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It depends upon how it is owned.. please contact an attorney.
Answered on Dec 19th, 2013 at 6:42 PM
Edwin K. Niles
Your son can file a lawsuit to force a sale, so you might as well cooperate.
Answered on Dec 19th, 2013 at 6:42 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Not unless he goes to court and asks for the house to be sold. You have as much right to possession as he does.
Answered on Dec 19th, 2013 at 11:07 AM
Your question is unclear.? I presume you mean that your wife died and left her 1/2 interest in the house equally to you and your son.? If you are in a community law state such as California, then you would end up with 3/4th of the house.? Even if you merely have an equal share wit your son, equal means that both of you have the right to use equally the house and one can not sell the entire house.?So you can remain?living in the house.?He could sell his part of the house but no one but you would be interested in buying a partial interest in a house.
Answered on Dec 19th, 2013 at 11:06 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Why do you care if the house is upside down on the mortgage? Anyway, facts are not clear enough for me to render an answer.
Answered on Dec 19th, 2013 at 11:06 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Your situation is not clear. Who owns the house? If your son owns the house and you do not, then yes, he can force you to leave. If you are on the title, then you cannot be forced out, in most cases. Facts matter, and you should share all of them with an attorney to get a clearer picture of where you stand and how best to proceed.
Answered on Dec 19th, 2013 at 11:06 AM
2 Awards
It depends. Show the will/trust to an attorney and discuss. Likely you have equal rights as the son.
Answered on Dec 19th, 2013 at 11:06 AM
3 Awards
The person handling the administration of the Estate can require that you leave. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
Answered on Dec 19th, 2013 at 11:05 AM
Admiralty / Maritime Attorney serving Monrovia, CA
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The Law Office of Nathan Wagner
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Because you own a portion of the house, he can only sell it if (a) you also agree to sell it or (b) he files a partition lawsuit with the court. Either way, you should get a share of the profit (if there is any profit). He can force you to stop living in the house. This is called "ouster". If he does that, he must pay you rent for the house.? ?
Answered on Dec 19th, 2013 at 11:05 AM