Legal Question in Real Estate Law in California

Hi,

I have a question about home ownership. My father-in-law bought a house for my husband and I for our wedding. He never had the house put in my husbands or my name, but, told several people that the house was a gift to us. Now, although my husband and I are making the payments on the house, he decided he wants to sell the house, and keep all of the money. Do we have any legal right to the house?


Asked on 2/26/16, 7:54 pm

1 Answer from Attorneys

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

Yes, you probably have some legal rights, at least to a minority interest in the house, based on having paid for part of the equity through making payments on it. In addition, if you can establish that the rest of the equity was a gift (through adequate proof such as testimony of the people he told it was a gift, for example), you may be able to convince a court to give you full ownership. Keep in mind that bringing any kind of legal action against his father/your after in law will be long-term damaging to family ties (if any now exist), so sometimes in-family negotiation is better than jumping into a lawsuit. Confer with a local real-estate attorney, and mention "pro-tanto interests" (relative to your making payments) and gifts (relative to his expressed intent at the time you moved in. There are some other legal theories that might also strengthen your case.

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Answered on 2/27/16, 12:10 pm


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