Legal Question in Real Estate Law in New Jersey

purchase of home from parent

over two years ago, my husband purchased a house from his mother in which he has lived in his whole life. she could no longer afford her bills. we payed appraised value and were given a $20,000 gift of equity. She still lives with us. We are now selling a lot of the land that we bought with the house. my husband's siblings are now trying to undue the sale of the house and also try to force us to put the proceeds into a trust for his mother. they have power of attorney over her. can they do this?


Asked on 1/27/04, 8:08 pm

2 Answers from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: purchase of home from parent

The answer depends upon what conditions, if any, were attached to the transaction. If he actually paid for the house and his mother living with you was an accomodation only, not a requirement or condition of the sale to him, he can probably sell it without obligation to provide for her. On the other hand, if she reserved a life estate in the house as part of the sale, he is obligated to honor it. What happened with the money he paid her? If she spent it, it would seem he would still have no obligation to provide her a home to live in. More facts are needed to provide a better reply.

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Answered on 1/28/04, 12:20 pm
Robert Gleaner Robert A. Gleaner, P.C.

Re: purchase of home from parent

Hard to say. You should immediately contact an attorney. Only after a full review of all facts and circumstances can your problem be faced and an attempted resolution sought. Feel free to call me for a free consultation (856-546-8010). Good luck. Rob Gleaner

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Answered on 1/27/04, 10:41 pm


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