Legal Question in Civil Litigation in Maryland

Can my son throw me out of the house?

Hello,

Three months ago I sold my townhome to my older son, for I had decided to move with my daughter to another house. My son and I wrote an agreement that I and the rest of my family will be living in the townhome until the construction of new house will be completed. Unfortunately, our builder now delays the settlement of the new house, and we are pressured by my son to leave the townhome as soon as possible. What should I do?

Thanks


Asked on 12/08/02, 8:19 am

2 Answers from Attorneys

Robert Sher Wagshal and Sher

Re: Can my son throw me out of the house?

If you have an agreement with your son that meets all the requirements of a valid contract and that agreement states that you are entitled to remain in the house until your new home is ready, he can't legally throw you out. Obviously, you all contemplated that the new home would be finished sooner than it turns out. In order for the agreement to be legal, it must demonstrate that you gave something or promised something to your son in exchange for him allowing you to stay in the home. This is known as "consideration". Presumably the sale by you of the property is the consideration, as the post-sale occupancy was part of the overall agreeement.

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Answered on 12/09/02, 11:25 am
C. William Michaels Law Offices of C. William Michaels

Re: Can my son throw me out of the house?

So long as the contract has all of the basic

requirements of a valid agreement (and it does

not have to be notarized or anything like that),

then it seems to me the contract continues in

force. Although your son may want you to move out

soon, I would guess that is also your desire. It

is in both of your interests to ensure that the

contractor for your new house does not continue

to delay. You probably are aware that such delays are fairly common. It is my view, knowing ONLY what was described in your message and NOT having

seen the actual agreement, that the contract continues until the house is completed. Your son cannot throw you out.

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Answered on 12/21/02, 12:21 pm


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