QUESTION
Can we somehow legally make him sign this side of the house over to our name?
Asked on May 18th, 2013 on Estate Planning - Delaware
More details to this question:
We built an in-apartment on son’s property and it is a nightmare. We paid for everything and have all paper work to prove it. He even tells us which of my children can visit and threatens to call police if they come on the property.
11 ANSWERS
Estate Planning Attorney serving Torrance, CA
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The Law Office of Kelvin Green
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You need an attorney. There are several issues here but this will be a complicated real estate issue that you need good legal counsel.
Answered on May 21st, 2013 at 12:00 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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You are advised to seek the assistance of a real estate lawyer to possibly obtain a division of the title to the property, by litigation.
Answered on May 20th, 2013 at 10:12 PM
N o, you probably can't do that, but you can consider an action for unjust enrichment to recover what you have paid to improve the property if he is unwilling to settle with you.
Answered on May 20th, 2013 at 10:00 PM
No, but you may be able to either get your money back (if it was not clearly said it was a gift), enforce a contract with him for your use of the property or cause a partition and sale of the property.
Answered on May 20th, 2013 at 9:47 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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I would need to review all of the facts of your situation with you before suggesting possible options for you. It sounds like there may be some "creative" ways to work around this, but a lot depends on your objectives. For example, what happens if you move out? There may be ways to make sure that you set your estate planning up to reflect that your son has already received all or a portion of his inheritance, in the form of the work done on the house. Whether this would be appropriate in your case is something that would need to be explored.
Answered on May 20th, 2013 at 9:38 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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I think you need to consult with an attorney. There are too many questions that need answers to be able to give you a reasonable answer.
Answered on May 20th, 2013 at 9:32 PM
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Probably not, sounds like you need to consult an attorney about the rights you do or do not have with regard to the improvements you made on your son's land. You should speak with a property attorney not an estate attorney. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
Answered on May 20th, 2013 at 9:30 PM
Business Law Attorney serving Livonia, MI
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Gerald A. Bagazinski
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I would recommend contacting an attorney ASAP. Your legal rights may be limited. If you have any questions, please contact me.
Answered on May 20th, 2013 at 9:28 PM
Unless you have some sort of written agreement with your son about who own's the apartment and outlining the terms of your residence there, you're in a bit of a pickly. Even if you could get him to sign over the property to you, he's still going to want to have some say about who comes on the land. Perhaps a better option for you is to sell the apartment to him and move elsewhere. Either way, you're going to need an attorney to help you with this.
Answered on May 20th, 2013 at 9:22 PM
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Unfortunately no. If you have something in writing, such as a lease, you can file a petition for quiet enjoyment so he has no control over those things. Your only other option would be to move. If you can afford it, it is the best way to get your life back.
Answered on May 20th, 2013 at 9:20 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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You can try to file a Chancery Court action for an Order signing it over. However, if only one deed that may be impossible since he owns the main property.
Answered on May 20th, 2013 at 9:19 PM