<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by nina:
My daughter , son-in-law, and myself bought a residential home in New York state in 1994. It is a double meaning there is two living units an upstairs and a downstairs. My part of the propery was downstairs. Family fueding started and I agreed to move out in 1995. Now, 5 years later I want to move back in and they don't want me to. My downstairs is currently being rented. I put up all the downpayment and my daughter carries the mortgage. Do they have a legal right to ban me from moving back into my apartment? Nina<HR></BLOCKQUOTE>
My response:
I presume your name is on the Title Deed. If that is so, you have an undivided 1/3 interest in the property, and they are unlawfully locking you out, which is "adverse" to your interests in the property; i.e., "but for" your need to live there, you wouldn't have invested in the property.
You need to sue your daughter and son-in-law in an action to "quiet title" action, and to force the sale of the property. (Ca Civ Pro § 760.010 et seq.) An action to Quiet Title ordinarily is aimed at a person asserting an adverse claim to property (see Ca Civ Pro § 762.010--"plaintiff shall name as defendants . . . the persons having adverse claims" to plaintiff's title). The action is framed simply by alleging plaintiff's ownership interest and entitlement to possession and that defendant claims an interest (any right, title, estate, lien or other interest) adverse to plaintiff without right (see Ca Civ Pro § 761.020 re essential allegations of complaint). [Wolfe v. Lipsy (1985) 163 Cal.App.3d 633, 638, 209 Cal.Rptr. 801, 804]
Now, if they want to buy your share, then let them; but, whatever you decide, make sure it's all done with the advice of an attorney.
IAAL
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