Legal Question in Real Estate Law in California

Daughter will not return property
In 1981 (unmarried at the time)I bought my present home from my father. My daughter was 18 1/2 at the time, I put her name along with mine on the deed with the understanding that she would return it to me at a later date. I paid the entire purchase price,all costs for the past 21 yrs.,she has not contrubited one cent. She has not spoken to me in the past 10 yrs. and refuses to take her name off of the deed. I do not have any money to buy her out. Do I have any recourse,without jeopardizing my home ? It's all that I have.

Asked on 10/23/02, 2:58 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

0 users found helpful

0 attorneys agreed

Re: Daughter will not return property

You are in a difficult but not impossible-to-solve position.

The outcome of your case may hinge upon the understandings and circumstances that resulted in your daughter being named as a co-owner back in 1981. Even if you put up all the money, you may need to show that there was no intent to make a gift to your daughter, and no intent to evade the tax laws, avoid creditors, etc. The practice of putting an adult child on deed with an understanding to remove her later will raise suspicions in court, and prevailing depends upon going in with 'clean hands,' as the legal expression goes.

If there was neither a gift nor some kind of deception involved, you should be able to have the property restored to your name in court by application of the doctrine of 'purchase money resulting trust' -- if you paid for someone else's interest in real property, the other person holds it for you in trust, absent an intent to make a gift.

Your Zip code suggests that we are neighbors. I handle quite a number of similar cases and would be pleased to give you a free consultation if you will call for an appointment at 523-4497.

Answered on 10/23/02, 4:19 pm

Mark as helpful