Partition Questions

[Rooooo]

What is the name of your state? California

My grandfather passed away 22 years ago. He had no will, so the house was divided between my mother and her step-mother by manner of Tenancy in Common . The original agreement was that the Step-mother quitclaim the deed to my mother and receive life estate in return. She has never signed the paperwork, and now 22 years later after my mother has upheld her part of the agreement and allowed her to live there (step-mother paid all property taxes and was responsible for upkeep in verbal agreement) rent free. Now knowing that the wicked step-mother plans to will her portion to a nephew of hers and never intended to quitclaim deed the house to my mother, we are forced into filing a partition agreement.
My questions are this:
1. Can back rent be collected?
2. If so, is there a statute of limitations?
3. If step-mother decides to deed her portion to the nephew now, does she have to notify my mother, AND will the afore mentioned rent still need to be paid out?
Thank you for your help!

 

[HomeGuru]

What is the name of your state? California

My grandfather passed away 22 years ago. He had no will, so the house was divided between my mother and her step-mother by manner of Tenancy in Common . The original agreement was that the Step-mother quitclaim the deed to my mother and receive life estate in return. She has never signed the paperwork, and now 22 years later after my mother has upheld her part of the agreement and allowed her to live there (step-mother paid all property taxes and was responsible for upkeep in verbal agreement) rent free. Now knowing that the wicked step-mother plans to will her portion to a nephew of hers and never intended to quitclaim deed the house to my mother, we are forced into filing a partition agreement.
My questions are this:
1. Can back rent be collected?
2. If so, is there a statute of limitations?
3. If step-mother decides to deed her portion to the nephew now, does she have to notify my mother, AND will the afore mentioned rent still need to be paid out?
Thank you for your help!

**A: let's back up a bit. What was the adjudication by the Probate Court with respect to the disposition of the property?

 

[Rooooo]

The property is split 50/50 Tenants in common. I hope this answers your question. If not, please let me know and I will do my best clarify.

 

[HomeGuru]

The property is split 50/50 Tenants in common. I hope this answers your question. If not, please let me know and I will do my best clarify.

**A: I was asking what was the outcome of the property as directed by the Probate Court?

 

[Rooooo]

As far as I can tell... Since there was no will, per California Law (since grandpa & step were married over 5 years) the court ordered the property to be divided between the two of them equally and it is recorded as tenants in common. This is all of the information I have about that unless there is someplace that I can research any additional information? Sorry for not quite understanding what additional information you are looking for. After my grandfather's death, the two of them met with an attorney and they verbally agreed to that step would live in house (life estate) and quitclaim it to my mother. She has continued to live in the house in Southern California, and we live in Northern California.

 

[Rooooo]

A side bit of information, The house was paid for in full when my grandparents originally moved in... there has been no mortgage and the only expenses for 50 years have been property taxes and upkeep.

 

[HomeGuru]

What is the name of your state? California

My grandfather passed away 22 years ago. He had no will, so the house was divided between my mother and her step-mother by manner of Tenancy in Common . The original agreement was that the Step-mother quitclaim the deed to my mother and receive life estate in return. She has never signed the paperwork, and now 22 years later after my mother has upheld her part of the agreement and allowed her to live there (step-mother paid all property taxes and was responsible for upkeep in verbal agreement) rent free. Now knowing that the wicked step-mother plans to will her portion to a nephew of hers and never intended to quitclaim deed the house to my mother, we are forced into filing a partition agreement.
My questions are this:
1. Can back rent be collected?

**A: that would be the subject of argument.
Since there was no agreement in writing with respect to the quit claim deed, free rent, life estate etc. there is going to be a big fight over these issues.
**********
2. If so, is there a statute of limitations?

**A: no, since there was no written contract and nothing to enforce.
*************
3. If step-mother decides to deed her portion to the nephew now, does she have to notify my mother, AND will the afore mentioned rent still need to be paid out?
Thank you for your help!

**A: no notification is needed becaseu by virtue of the TC tenancy, each owner can deed their respective interest to anyone without the other owner's consent or knowledge.

 

[Rooooo]

Thank you for your help!
HAPPY THANKSGIVING!!!

 

[HomeGuru]

You are welcome and you have a good one also.