Suisun, CA asked in Estate Planning and Real Estate Law for California

Q: Currently in a dispute with mother-in-law on home. Mother-in-law purchased home with husband while I gave the full down

Mother-In-Law wants $50K to be bought out of home but did not put down on home. What is the best course of action

2 Lawyer Answers
Peter J. Weinman
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Answered

A: Your question is unclear, and I do not know whose husband (mother-in-law's or yours) you say purchased it - and I am not sure if you're on the deed with her and "husband" - or if it's with the two of you. Either way, if the mother-in-law is in title (on the deed), are there percentages laid out on that deed? Not knowing more, it's impossible to say, but if she is on the deed, she is likely entitled to "something" in exchange for signing herself off the deed. You should consult with a local attorney in a private setting to go over the deed and to discuss any agreements to ascertain your rights and obligations before you negotiate with her. If you need a lawyer, start your search here: https://www.justia.com/lawyers

James L. Arrasmith
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Answered
  • Estate Planning Lawyer
  • Sacramento, CA
  • Licensed in California

A: In a dispute over a home where one party contributed the full down payment, while the other party did not contribute, there are a few potential courses of action to consider:

Negotiation and mediation: It may be beneficial to engage in open and respectful communication with your mother-in-law to discuss the issue and explore potential resolutions. This could involve mediation, where a neutral third party helps facilitate negotiations and find a mutually acceptable solution.

Consult with a real estate attorney: Seek legal advice from a real estate attorney who can review the relevant documents, such as the purchase agreement and any other agreements or contracts related to the home. They can advise you on the best course of action based on the specific laws and regulations in your jurisdiction.

Determine ownership rights: Clarify the ownership rights and responsibilities associated with the property. This may involve reviewing the deed, mortgage documents, and any other relevant legal agreements to determine the extent of your ownership interest and your mother-in-law's rights in the property.

Consider a buyout agreement: If you and your mother-in-law cannot reach an agreement through negotiation, you may consider a buyout arrangement. This would involve compensating your mother-in-law for her ownership interest in the home. Consult with your attorney to determine the fair market value of her interest and explore options for financing the buyout, such as refinancing the mortgage or obtaining a new loan.

Legal action: If all other avenues for resolution have been exhausted, it may be necessary to pursue legal action. Your attorney can advise you on the specific legal claims that may be available to you and guide you through the litigation process if it becomes necessary.

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