QUESTION
Can my mom sell the house even though she agreed not to in court and my dad is also the owner?
Asked on Oct 07th, 2015 on Landlord and Tenant Law - California
More details to this question:
The following is from my dad. I want to know after we (divorced wife and I) agreed to have a professional appraiser for the house in court for both sides that she can deny the work of that person. We already divorced and we agree to leave everything the way it is. Can one side go back on that agreement and try to sell the house? My son is the guy that pays the bills and he got the money from the government (SSI). Can we stop her from selling the house? I’m a disabled person and my name is on the title alongside hers. What can we do to stop this? To add, we have a mortgage payment that's overdue for 5 years and I've only been able to pay the monthly rate instead of adding extra to pay off the debt. Our family is very poor and we can do nothing else but live in this house, so any help is appreciated.
1 ANSWER
Since you are a co-owner, the only way she can sell the house is to file a motion for partition and convince a judge he/she should rule it needs to be sold and the profits, if any, split. ?If she now finds a buyer, the title report will have you on title and a sale will not go through. ?If you have the agreement in writing, you can enforce it in court, but if it was just verbal, it will be her word against yours and you have the burden of proof.
Answered on Oct 16th, 2015 at 4:53 AM