QUESTION

What are my mother's right if my she wants to sell the property if it is under my sisters name?

Asked on May 08th, 2013 on Estate Planning - California
More details to this question:
I have a question concerning property law in Los Angeles County. Back in 2003, my mother had purchased a commercial property under my older sister's name to avoid property taxes, as she has another property under her name. The property is bought solely under my sister's name; my mother does not co-own it. However, my mother alone paid the down payment and the loan. The property is now loan free and rented out, and my mother pays for the income tax until this year. This year my sister had reported the income of 2012 as hers. Question is that what are my mother's right if my she wants to sell the property? And does my sister's husband has any say in this. Additional info: My sister had a foreigner status when the house was bought, then she over stayed on a student visa. She is now married under 1 year, and is in the process of applying for a marriage green card. Thanks for your insight!
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4 ANSWERS

Trusts Attorney serving Sacramento, CA at Law Office of Victor Waid
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You need to obtain the services of a contract litigation lawyer for your mother to sue her daughter for breach of contract for failure to deliver the title to the property she purchased, albeit in her daughter's name, for specific performance or recovery of her monies and damages.
Answered on May 10th, 2013 at 3:18 PM

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Admiralty / Maritime Attorney serving Monrovia, CA at The Law Office of Nathan Wagner
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As long as your sister did not use any community property (that is, money that is considered to belong to both her and her husband together) to maintain or pay for the real estate, then the real estate is your sister's separate property. Her husband would not have a good claim to it. Your sister has legal title to the property. It may be possible to get a court to order that your sister is actually a trustee, who is therefore obligated to use the property for your mother's benefit. It is doubtful that a court would agree with this, so the best solution would be to convince mother and sister to work together.
Answered on May 10th, 2013 at 11:03 AM

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Probate Attorney serving Roseville, CA
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This is complicated and cannot be answered in a forum like this. See an attorney.
Answered on May 09th, 2013 at 3:59 PM

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Taxation Law Attorney serving Glendale, CA at Irsfeld, Irsfeld & Younger LLP
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Bring your mother to see a lawyer. She may be able to establish that it is hers.
Answered on May 09th, 2013 at 3:59 PM

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