Legal Question in Real Estate Law in Nevada

Mother taking my house away from me

About 12 years ago I wanted to buy a house but didn't have the down payment. My mother agreed to put the down payment on the house but the house had to be in her name. The house has been in her name ever since but I have made 100% of the mortgage payments, HOA, and upkeep payments out of my own pocket. The understanding was she was to sign over the house to me and I would pay her the down payment when I refinance it. This was all verbal although I am on the title insurance document? Well, I went to refinance it and my mother saw the appraisal on the house. She said she never imagined the house would appreciate so much and now she wants to sell it and keep the money. I have full occupancy of the house and my mother lives in California, this has been the situation ever since the beginning.

I have a letter from her that states she will pay me about $100k after the sale of the house if I cooperate with the realtors.

Is there any legal recourse I can take to at least salvage some of the money I have put into this house? I would really rather just keep the house and live here but I don't think that can happen.

One more, how long can I delay the eviction if she serves me with the eviction notice?? (she hasn't yet)


Asked on 8/27/04, 9:30 pm

1 Answer from Attorneys
Paul Malikowski Malikowski Law Offices, Ltd.

Re: Mother taking my house away from me

You have performed your part of the deal, which prevents mom from claiming that the "Statute of Frauds" bars enforcement of your unwritten contract. Sue her and take her deposition, and have her sign it. Assuming she testifies truthfully, and in accord with the stated facts, you'll have a signed writing taking the case out of the Statute of Frauds anyway. Your lawsuit should seek to quiet title, enforce your oral agreement, and compensate mom for her contributions, possibly by way of an equitable lien. Since you don't say your oral agreement provides for an award of legal expenses to the prevailing party, even if you win, you may be stuck will the full cost of what tends to be a very expensive and protracted type of litigation. Without a lawsuit and recorded lis pendens, you may be evicted within a matter of days as a "tenant at sufferance".

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Answered on 8/28/04, 1:51 am


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