Legal Question in Real Estate Law in California
Wording in a Homebuyer's Program
My wife are looking at a program to help purchase a home. It states:
''An eligible homebuyer means an individual or individuals or an individual and his or her
spouse who are not currently on title to real property.'' They way I would apply the wording to my situation is:
An eligible homebuyer is an individual and his spouse who meets the income eligibility requirements and are not currently on title to real
property.
My mother died 5 years ago and left a house to me an my siblings which is set up in a Tenancy in Common arrangement. My wife is not involved. She owns no property. In this situation, would we qualify for this program since as an entity, my wife and I are not on title to real property?
1 Answer from Attorneys
Re: Wording in a Homebuyer's Program
I think you would have to ask the people administering the program whether the two of you meet the eligibility requirements or not.
Parsing the program's language as though you were an English teacher or professor of logic may give you a result that you could argue to a judge in court, and win, but as a practical matter the people who run this program are the only ones whose interpretation of their policies makes a difference at this stage. I would advise not avoiding the question by figuring out an interpretation that makes logical sense to you; get the program's agreement that you're right or their consent to work with you with all the facts laid out.
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