Get off the property

[jslee64]

What is the name of your state? CA

We have a property with 2 house detach. I live on one house and on the other is my brother. I found out lately that the house will be foreclosed and that he has not remitted the Real Estate TAX. We share in the payment of the mortgage. The title is under my name, and we share in the payment of the mortgage. I give him the money which should cover the monthly mortgage and the real estate tax, and he pays the mortgage with his share. But that has not been the case since 2000. The real estate tax are not being paid. Now he does not want to share with the payment of the mortgage. What can I do to get him off the property so that I could have to rented.

 

[seniorjudge]

Pay the arrearages of taxes and mortgage and then evict him according to California landlord and tenant law.

You do have a written lease, I am assuming?

 

[HomeGuru]

I agree, although the eviction should have taken place in 2000.

 

[jslee64]

Leaving for convenience

SeniorJudege. My Brother is leaving in the property by convenience. We don't have any document, only verbal that he will share the payment for the mortgage.

 

[HomeGuru]

SeniorJudege. My Brother is leaving in the property by convenience. We don't have any document, only verbal that he will share the payment for the mortgage.

**A: the word in proper spelling is living, not leaving although you really would like him to leave.

 

[jslee64]

so eager...

thanks....thats what I mean...living...but since I'm so eager for him to leave. I just want to find some legal means...since he has contributed to the payment of the mortgage also.

 

[HomeGuru]

thanks....thats what I mean...living...but since I'm so eager for him to leave. I just want to find some legal means...since he has contributed to the payment of the mortgage also.

**A: thus far, you have not clarified who the titleholders are. If your brother is on title you can't evict him from the property.

 

[seniorjudge]

**A: thus far, you have not clarified who the titleholders are. If your brother is on title you can't evict him from the property.

"...The title is under my name, and we share in the payment of the mortgage...."

 

[HomeGuru]

"...The title is under my name, and we share in the payment of the mortgage...."

**A: that statement is unclear as it does not state that the title is solely (only) under my name and does not confirm that title is also not in the name of the brother.