Legal Question in Real Estate Law in Virginia
Giver's Remorse situation
When our son and his wife found a tract of land to purchase
18 mos. ago, the wife's father volunteered his help in bringing about the deal. Being an only child, her parents offered to pay for a portion of it. The parents were present when the deed was drawn up and the four parties were asked at the time of signing if any other names were needed on the deed, or if anything at all was against it. Both parents replied no, with the mother adding that they were giving it to both of them. The deed was made out to the couple only, and recorded. The couple set up residence in a mobile home on the property. The father, who lives 90 miles away, began causing conflicts by cutting down trees and making other changes despite being asked to stop interfering and to not make changes to the land without permission. He became offended and wrote them a letter demanding they sign over at least 10 of the acres to him. They refused. He hired a lawyer and now the couple has been advised that the matter will be settled in court. We're hearing ''Trust'' and ''Giver's Remorse''. What is that? Is there any chance that the court will find in the father's favor and maybe give him a part of the tract? It has been deeded to the couple for well over a year?
1 Answer from Attorneys
Re: Giver's Remorse situation
The father's attorney, is, apparently, alleging(or may do so) that the gift of the real property by way of deed was really not intended(giver's remorse?) as that and that in order to prevent the "unjust enrichment" of your son and his wife the court should find as a matter of equity that the equitable remedy known as a constructive trust should be created in his(the father's)favor.
Bottom line: If the father's suit is successful, he would likely end up owning part of the disputed property.
As to "Giver's Remorse", I'm not aware of any special legal significance that may attach to the
term other than the obvious.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
