Legal Question in Civil Litigation in California
Property Rights
My in-laws bought a house (in their name) that was to be my husbands inheritance. It was bought for this sole purpose (as stated in letters from them) and we have been living there since the day escrow closed. We have invested thousands of dollars in repairs and upkeep of the house that they now claim we are just renting from them with no vested interest at all. We have tried talking to them to sort it all out with no success. Please help us figure out where to go from here.
5 Answers from Attorneys
Re: Property Rights
You may not have a contract, but the letters, etc., and your investments in the property may show that you justifiably relied to your detriment on their promises, and did things you wouldn't have unless you had this understanding. This way, the promises may be actionable.
Re: Property Rights
If it was purchased for his inheritance, and his name is not on the title, then it is merely their property, and you are in the position of a renter. If there is a written document that could be interpreted as a co-ownership, you may have grounds to push in another direction. In the meantime, you should not invest any more money into the property, other than fair rental.
Re: Property Rights
you may have a valid claim to the property, even absent a written contract, if you can show partial performance and detrimental reliance on the oral inheritance agreement to justify the court finding the home does in fact belong to you and your husband now under the initial agreement. feel free to email me directly for further assistance in this matter.
Re: Property Rights
If you don't want to sue your in-laws, you might try to reason with them. They must have some feelings for your husband, if not for you. Litigation with family members usually costs more in hurt feelings than it can ever recover in money or property.
If you have children, you have a built in thermonuclear weapon: there is the implicit threat that your in-laws will not get to see their grandchildren very much if you are unhappy with them. You don't even have to mention this for it to be effective.
So try to reason with them before you start expensive and uncertain litigation.
Re: Property Rights
You may have an action for prommisory estoppel. Call me at (619) 501-3608.