Full question:
HOW CAN I STOP MY BROTHER FROM EVICTING ME, AFTER HE HAS FRAUDULENTLY TRANSFERRED TITLE FROM A SUB-TRUST FOR MY SISTER OVER WHOM WE ARE BOTH CONSERVATORS?
- Category: Landlord Tenant
- Subcategory: Lease Termination
- Date:
- State: California
Answer:
To stop your brother from evicting you, you may seek injunctive relief, which is a court order that prevents someone from taking a specific action. To obtain a preliminary injunction, you typically need to prove four things: (1) you have a strong likelihood of winning your case; (2) you will suffer irreparable harm if the injunction is not granted; (3) granting the injunction won't cause significant harm to others; and (4) the public interest will be served by granting the injunction.
Additionally, you can file for a declaratory judgment, which asks the court to clarify the legal rights of the parties involved. This can help define your legal relationship with your brother and the rights concerning the property.
It's advisable to consult a local attorney who can review the specific facts and documents related to the fraudulent transfer.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.