Legal Question in Real Estate Law in New York
Mr. & Mrs. Smith bought a home in 1989 on Long Island NY. In 1997 Mr. Smiths� Mother provided funds to extensively remodel the home including a new whole house heating and cooling system, a new kitchen, flooring throughout, re-roof and siding in the main house and an efficiency apartment for Mr. Smiths� 78 year old Mother. The mother moves into the apartment and resides there continuously to date as her primary residence. She is self sufficient and pays no rent but periodically contributes to utilities and expenses. Neither party has written documentation proving how much was paid for the improvements but, it is not contested that they were 100% paid by Mr. Smiths� Mother. It is estimated all improvements cost $65,000 at the time of construction in 1997.
In 2008 Mrs. Smith abandons Mr. Smith and their two children (17 and 20 years of age) and 8 months later sues for divorce and claims 50% of the value of the real property.
Does Mr. Smith�s mother have a legal claim of partial ownership to the property? i.e.: In this case; if the property has a gross value of $400,000 and the apartment has an appraised value of $100,000. Then could a claim be made that Mr. Smith�s mother has a 25% ownership in the property? If so, can Mr. Smith�s mother Will or otherwise transfer her ownership rights to one of three other surviving children? And, how does Mr. Smiths� mother protect her interest and that of her heirs?
2 Answers from Attorneys
Mr. Smiths� Mother could bring an action to impose a constructive trust against the property for the value of the improvements she paid for.
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.
Q. Does Mr. Smith�s mother have a legal claim of partial ownership to the property?
A. Maybe. As written by Mr. Nager, Mrs. Smith may be able to claim a constructive trust. However, with a constructive trust there should have been an initial agreement giving Mrs. Smith a percentage of the property in consideration for money she spent for improvements.
Q. If so, can Mr. Smith�s mother Will or otherwise transfer her ownership rights to one of three other surviving children?
A. First, you have to establish the ownership rights through a deed. After you establish ownership rights, it may be transferred to another individual.
Q. And, how does Mr. Smiths� mother protect her interest and that of her heirs?
A. Once there is a deed, Mr. Smith's mother's rights to the property are protected.
Mike.
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