What your parents put in writing controls. If the trust or deed leaves the house to all of you, a brother’s or sister’s claim that Mom promised them the house for life won’t stop a partition sale.
A life estate must be in writing to be enforceable in California. A verbal promise that someone can live in a property for life does not create a legal life estate.
Partition defendants who claim their co-owner was only a co-borrower face an uphill battle, because Evidence Code section 662 presumes the person on title is a true owner.
California’s statute of frauds requires a signed writing to transfer an interest in real estate, so an oral promise to sell a co-owner’s half, or a claim that someone on the deed is only a co-signer, generally cannot change who owns the property.
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Practical guides from attorneys who focus exclusively on California partition actions.
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