Legal Question in Real Estate Law in California
Real estate
my house was bought in april of 1987 my ex husband my mother,dad a I are all on deed.i divorced and husband left in 1996.my parents never resided here. there interest was strictly the 17,000 they paid for the downpayment on the house and that is what they wanted back if house was to sell as per verbal agreement however there were several witnesses to this. i have been paying the bills and mortgage since 1987. the house is sold and closes escrow on april 14,00 now my mom says she wants 50% of the proceeds.my ex,my dad and I are all in agreement of what we should get but my mom wont agree unless she gets 50%.my question is do i have a leg to stand on and is she entitled to this? and what can i do to get what i deserve ?
1 Answer from Attorneys
Re: Real estate
If there is a trial and three of the owners all testify as to the agreement, that should convince the court that she should get back only the amount of her down payment.
However, if the court does not believe the three witnesses, then the court should go by the terms of the deed. That would mean that the best she could get would be 25% of the equity, not the fifty percent she is demanding.
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