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ochaise

Junior Member
What is the name of your state?What is the name of your state? CA
My mother and her husband gave us a home on property they owned joinly with my brother and his ex-wife. My brother also lives in another home on the property. My brothers ex-wife initiated a partition action for her 25% interest.
In order to pay off his ex-wife, my mother quit claimed the property to my brother. My brother mortgaged property to pay ex-wife. We are being pressured
by my brother to leave so that he can rent our home to pay his mortgage. What rights if any do we have?
 


JETX

Senior Member
ochaise said:
My mother and her husband gave us a home
Unless this 'gift' was in writing, or a deed was involved, the 'gift' is invalid. California (and most other states) requires that ANY promise or sale of real property be in writing.
So, with that.... you have been a 'free rent' tenant in someone elses house on someone elses property.

What rights if any do we have?
You have the 'right' of a 60 day written notice from your landlord to terminate your 'at will' month to month tenancy.
 

JETX

Senior Member
ochaise said:
What if the "gift" is in writing?
Then you have a huge problem in trying to determine what percentage 'right' your parents have in them "giving" you property that they didn't have 100% ownership of. From your initial post: "My mother and her husband gave us a home on property they owned joinly with my brother and his ex-wife."

Also, we aren't here to play 100 questions. Either give us enough information to give you our best advice... or go pay a local attorney to try to dig out the facts.
 

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