Legal Question in Real Estate Law in New York

My father is 80 years old. He was married to my step mother for 25 years before she passed. They lived in the home that she owned prior to their marriage. His name was never on the deed to the house, yet, he paid the mortgage, bills, taxes, repairs (along with her) for the duration of their marriage. Shortly before she passed, she had the house put into her childrens names, intentionally omitting my father.

This is a split level home. He is living in the basement apartment, while his step children are renting out the upstairs in hopes of covering the expenses of the house. His step children now want him out. They realize that they could be getting more money by having the downstairs apartment rented out as well. They have also stated that they have no intention of splitting any profit from this house, should they decide to sell.

My question is, does my father have any legal equity in this home even though his name is not on the deed? Again, he has lived there for near 28 years.

Thank you.


Asked on 2/08/10, 9:17 am

1 Answer from Attorneys

Arnold Nager Arnold H. Nager, Esquire

He would have to file a lawsuit to impose a constructive trust against the property owners for the value of his contributions. You need to consult with a local real estate attorney.

This post is not legal advice and does not create an attorney-client relationship. It is a comment on the legal question posed by the poster and should not be relied upon in any way. All readers are advised to consult an attorney to address their specific legal concerns. Additional facts could affect the answer given.

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Answered on 2/13/10, 2:21 pm


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