Legal Question in Family Law in California
statute of partial performance
Divorce in process. husband's father has title to home we lived in for 18 years and we paid off his loan and his interest, and I thought we were buying it. Nothing in writing, just oral statements in front of others. We made structural improvements and even sublet some rooms over the years. What's the odds of joindering husband's father and getting title?
1 Answer from Attorneys
Re: statute of partial performance
You can join him in the action, however, you have a tough case. On the one hand there is the statute of frauds that states any agreement with respect to real estate must be in writing. On the other hand you have a statute that your husband is in a fiduciary capacity towards you. You will need an attorney on this, contact one immediately. The case is tough, but possibly winnable. Good Luck, Pat McCrary
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