Division of property and tenancy in common

[socalster]

What is the name of your state? I live in Oregon. Divorce was in California

I am 27 years old. My parents divorced in California 2 years ago. In the decree it stated that my mothers share of the house was to go to my brother and I as tenants in common. We were each to have 25% and my father was to have 50%. Unfortunately the title was never changed to reflect that. My father and brother still live in the house and I am out of state. I want the money equal to my share of the house so that I can buy a house of my own. However, even though my dad has the ability to buy me out by either selling one of his two houses or taking out a loan, he refuses too. Now he has convinced my mother to change the decree so that I cannot receive my share until my father decides to sell the house. I need to know if there is anything I can do to stop this. Since the house was never legally put into my name or my brothers, does the decree still stand or can they alter it? Is it technically my share or not? I'm confused!

[Ohiogal]

Technically it doesn't matter as you cannot force your dad to give you MONEY for your share. YOu would own 25% of the house. You could go to court and try to force a partition sale but that would take quite a bit of money and time. And the divorce decree was between your mom and dad NOT you. Since you were not a party you have no say in how the decree may be altered. Your dad could get your mom on contempt for not transferring the property but that is HIS choice not yours.