QUESTION

can i shut off water to a joint homeowner who refuses to pa thier share

Asked on Dec 29th, 2015 on Real Estate - California
More details to this question:
i went to small claims and won. however the joint homeowner refuse to pay her share. Can i legally shut off her water.
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1 ANSWER

Real Estate Attorney serving Oakland, CA at Sack Rosendin LLP
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NO!! In the law, that is called a "constructive eviction," just like changing the locks. In order to evict someone legally, you must go through the court process of a lawsuit to recover possession of the property. Except that since the judgement debtor is an owner, she has the right to occupy the property, unless you have a written co-ownership agreement. When I write co-ownership agreements, the way I usually put the world on notice of the agreement is to record a deed of trust on the property securing the duties of each owner against the other. That way, if one owner breaches the agreement, the other can conduct a private foreclosure sale of the delinquent owner's interest, without going to court. That shifts the burden to the delinquent owner to either cure the breach or go to court and explain to the judge why the agreement and deed of trust should not be enforced. Your remedies to collect your judgment include attaching her bank account, garnishing her wages, and attaching any other sources of income she has. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business.   Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need.   Dana Sack      
Answered on Dec 30th, 2015 at 9:15 AM

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