QUESTION
What legally can be done if the father who verbally gave the house to his daughter is now wanting to repossess it?
Asked on Nov 15th, 2016 on Estate Planning - California
More details to this question:
The daughter was an employee and was receiving good monthly pay. Once she said to her father that she doesn’t know what she can take away from this job. The businessman father agreed with her that she quits her job and to study law. He promised to give her one of his houses near where her law school will be located. He advised her to rent part of the house and use the proceeds for her upkeep. During her second year in law school, she had a serious disagreement with her father and he sought to recover possession of the house.
2 ANSWERS
She can't keep the house. Coveyances of real estate must be written to be valid.
Answered on Dec 20th, 2016 at 4:58 PM
As she should have learned in the first year of law school, an oral promise to transfer real estate is not binding. She would have to show detrimental reliance to obtain some monetary damages, but giving up a job that she could not hold if she went to law school and which is likely to result in a large future income increase and getting one year+ of free rent does not sound like she has suffered any damages. I do not think you have any right to remain in the house. One of the dangers adult children face when they get into an argument with their parent is being cut off from their voluntary support.
Answered on Dec 20th, 2016 at 9:37 AM