Legal Question in Real Estate Law in California
in-laws
19 yrs ago my ex and I moved into my in-laws house due to the fact they had built a new home and were unable to sell the old one. We made a verbal agreement to make the house payment and were on our way to purchasing the home. I, on several occasions attempted to get all of the required paperwork together, to have our name added to the title. (The home was paid off by my in-laws and we made the payment to them.)
3 years ago I caught my ex in bed with another woman... he moved out and we divorced. I continued living in the home and on several occasions spoke to my ex- mother in-law about the house. She would state that the house will be split 3 ways when sold... then she would say 4 ways...
I have met a wonderful man and plan to get married and move out of the house, I spoke to my in-laws and they said I'm getting nothing... ''no papers were ever written up'' and ''your new husband is rich and will take good care of you''...
Do I have any rights?... I can not believe this is happening to me. My ex and I do not get along, and when I tried to talk to him, he said ''I'll get the house when they are dead.'' What can I do?...
3 Answers from Attorneys
Re: in-laws
You are very foolish to have done nothing for 19 years! You have no legal rights, but you might have been able to pursue equitable claims, but this should have been done at the time of divorce. Your argument is that you had an interest in the house, so when the divorce occurred, any property held by the two of you should have been divided in a property settlement agreement. Your delay in not dealing with the situation was detrimental. All you ever needed to do during the 19 years you lived there was to get your in-laws to sign a one-page grant deed adding you and your ex to title--that is no big deal, so I don't know what you mean when you say you "attempted to get all the required paperwork together."!
Re: in-laws
Well, not all hope is lost. Your lack of a signed writing, and your delay, are very prejudicial to your chances, but I suggest you look up and study a landmark California Supreme Court case: Monarco v. LoGreco, decided in 1950 and published at 35 Cal.2d 621. You can probably find it on line or at the law library at the courthouse at 255 N. Forbes in Lakeport. It is open from 12:30 to 4:30, M-F.
If you can see that the court's reasoning might apply to your facts, then you may have a chance. The in-laws would no doubt vigorously oppose a suit based on estoppel theory, and your delay in seeking relief would have to be made to appear reasonable.
It may very well be, of course.
There are other possible grounds for seeking relief, and Monarco is now 57 years old and there are a lot more cases on estoppel theory as applied to unwritten promises to convey land, so much more research would have to be done to assess your chances accurately. I'd be willing to give you some further consultation at no charge if you contact me directly.
Re: in-laws
I agree with both Mr. Whipple's response and Ms. Deming's ire. A huge issue here, if you walked into my office, is did you discuss this with your divorce lawyer, and if so, how was this issue addressed in the divorce proceeding?
Very truly yours,
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