Denver, CO asked in Real Estate Law and Landlord - Tenant for Kansas

Q: I got an inheritance and put the full amount given to me on a down payment for a house... I didn't have good enough cred

It to aquire the loan so my mother did it in her name. I've lived in it 8 years now and it's appreciated over $100,000 since the purchase now my mother is trying to evict me and leave me out on the street with nothing. What legal standing do I have in this matter please help me

1 Lawyer Answer
James L. Arrasmith
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  • Landlord Tenant Lawyer
  • Sacramento, CA

A: I'm sorry to hear about your situation. If the home is in your mother's name, she generally has the legal title to the property. However, you may have an equitable interest or a claim based on several factors. One possibility is that you could argue you and your mother had an oral agreement or understanding that, despite the title, the home was truly yours, especially given your contribution to the down payment. You could also consider whether you have grounds for a "constructive trust" claim, arguing it would be unjust for her to benefit from the home's appreciation when you've contributed significantly. Document everything: proof of your down payment, any contributions to the mortgage, taxes, repairs, and any communications regarding ownership. It's essential to consult with an attorney as soon as possible to discuss your rights and potential remedies. Legal nuances and local laws can greatly impact outcomes in situations like this.

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