Legal Question in Real Estate Law in California
Buying home from Inlaws who are now evicting me
My inlaws put a down payment on a house for us. It was a private loan with no presure of pay-back. We put nothing in writing. They kept the title in their name but we paid with our checks every mortgage payment, home owners Ins.payment, and all property tax's. For 5 1/2 years we have lived here with no mention of the loan.
I am devorcing their son and they are evicting me and
my children. They claim I was only renting. There is no rental agreement nor buyers agreement.
I have 8 children 3 of which are their grandchildren.
Do I have a claim to any equity?
2 Answers from Attorneys
Re: Buying home from Inlaws who are now evicting me
This is why joint ownership agreements need to be in writing. I am assuming that the loan is in the name of the in-laws, and not yours. Who took the deductions for interest and property taxes.
All that being said, you will probably have a right to either reimbursement over and above fair rental value, and possibly part of the equity. Call me with more information and advice.
925-924-0100
Re: Buying home from Inlaws who are now evicting me
I agree with the previous answer -- you may be entitled to reimbursement, but you are not an equity owner. To the extent you and your soon-to-be ex have a right to reimbursement, that right is probably mostly or entirely a community right which will have to be divided with the ex. If you are represented by counsel in the divorce, that attorney has a duty to determine and protect your interests in the house, and if she or he isn't you should insist on it. If you are not represented by a divorce lawyer you should get one. You have too much (house, children) at stake to try to handle the divorce yourself.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
