Legal Question in Real Estate Law in California

Re: Father Makes Verbal Agreements

Verbal promises to transfer property to someone are generally not enforcable and are subject to the Statute of Frauds. However, there are exceptions.

One such exception is where the promisee (you in this case) has relied on the promise and substantially changed their position as a result of that promise. Here, it appears you invested $90,000.00 to improve the property; hence, you may be able to bring a lawsuit to enforce the promise, or at the very least, to recover the amount of money you have invested in the property, together with interest. We would need more information to advise you on your options.

Please feel free to contact our office if you would like to come in and discuss this matter further.

Re: Father Makes Verbal Agreements

In 1677, the English Legislature established "An Act for the Prevention of Frauds and Perjuries." Section 4 of that act read as follows, "And be it further enacted by the authority aforesaid, That from and after the said four and twentieth day of June no action shall be brought...upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them...unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith...."

This provision has been codified in all jurisdictions in the United States. California's appears at Civil Code section 1624. "The folowing contracts are invalid, unless they, or some note or memorandum thereof, are in writing subscribed by the party to be charged or by the party's agent ... the sale of real property, or of an interest therein..."

Your situation clearly falls within the statute of frauds. The only exception that would save you in this situation is if a party is estopped to assert the statute of frauds. "The doctrine of estoppel to assert the statute of frauds applies where unconscionable injury would result from denying enforcement of the oral contract after one party has been induced by the other seriously to change his position in reliance on the contract . . ." (Isaac v. A & B Loan Co. (1988) 201 Cal. App. 3d 307, 313.)

I am assuming that title to the property was in your father's name only. Since he has passed away, you would have to file a lawsuit against his estate. It is not clear from your post whether your father and mother were both on title, which would affect any interest that was to be conveyed to you, or whether there has been a probate of your father's estate.

If your father's estate has already been probated, and you have had notice of the probate, then it may be too late to assert a claim for specific performance.

You should consult with an attorney familiar with both probate law and real estate law as soon as possible.

Very truly yours,

Re: Father Makes Verbal Agreements

Generally, an agreement to transfer property must be in writing to be enforceable.

However, if you invested the $90k into the property in reliance on your father's promise to convey the property to you, you may be able to establish an exception to the rule above.

Your claim would need to be brought against your father's estate.

Let us know if you would like our help.

How was title held in the property immediately before your father's passing?