Live in a family owned home...what are my rights?

[quinnhns]

What is the name of your state (only U.S. law)? Virginia. 3 years ago my Grandmother in-law built a home for my husband and I on land that she owned. She paid for the majority (90%) of the home, the land to be cleared, etc. My husband built the home. We moved into it in summer 2013 and have lived here since then. The home is paid for with no mortgage and we pay no rent. His Grandmother kept the house in her name and my husband will inherit it when she passes away. Needless to say..his family has hated me from day one. Last week she came to the house and started in on me and after awhile I asked her to leave. She refused stating that she owns the home and does not have to leave. She stayed for over an hour doing this ..was asked to leave by me 3 times and 3 times refused. She does not live in the home with us..just kept in her name so that if we divorce I can't touch the house. I'm just wondering if I have any rights here since we live here or can she just come up here and come in and stay and do this anytime she wants?

 

[Gail in Georgia]

Well, you can certainly ask granny to leave but keep in mind that from your description, she holds all the cards in terms of documentation that she owns the house and the land it sits on...and if she's angry enough and decides to evict the both of you and your husband it would appear you have nothing that says you have any rights to this property (and if it's in the will that YOUR HUSBAND gets the house after granny passes away there is nothing that says she can't change this will).

You two are living rent free but in more than a precarious predicament if there's nothing on paper regarding this living situation.

Gail

 

[PaulMass]

Don't let her in next time she comes knocking. If she has a key, change the locks. If she comes in, call the police.

Note: This will likely convince her to (a) evict you and (b) change her will.

 

[Zigner]

Don't let her in next time she comes knocking. If she has a key, change the locks. If she comes in, call the police.

Note: This will likely convince her to (a) evict you and (b) change her will.

I'm thinking that he husband doesn't have a problem with this.

Perhaps if the couple offered to pay fair-market rent rates, things wouldn't be as tense. At this point, it probably seems to others as if the OP and her hubby are taking advantage of grandma.

 

[OHRoadwarrior]

19 months * $1000 equals $19000 you have burned up. You have no leg to stand on if granny gives you the boot even for a $190k house.

 

[LdiJ]

19 months * $1000 equals $19000 you have burned up. You have no leg to stand on if granny gives you the boot even for a $190k house.

I disagree to a great extent. Grandma's land, grandma's money to buy the materials and clear the land, grandson's labor to build the house. The labor to build the house is no small thing.

What is the name of your state (only U.S. law)? Virginia. 3 years ago my Grandmother in-law built a home for my husband and I on land that she owned. She paid for the majority (90%) of the home, the land to be cleared, etc. My husband built the home.

You are assuming that because the OP said that grandma paid for 90% of the home, that that meant that the labor was only worth 10%. I would say that its far more likely that it means that grandma paid for 90% of the materials because labor is definitely more than 10% of constructions costs. Anyone with even rudimentary knowledge of construction costs knows that.

I think that it would be fairly easy to establish an implied/verbal contract due to the labor grandson provided. Therefore I cannot agree that grandson has no leg to stand on.

However, what I do agree upon is that it would be a hot, interfamily, stinking mess, which would make life difficult for everyone and cost everybody unnecessary money and grief if the OP lets her ego get in the way of the situation...and it sounds like she is letting her ego get in the way of the situation.

 

[quinnhns]

Thank you all for replying to this. The 90% she paid was for materials..not labor. I am not trying to cause a huge mess with his family...but the last 2 or 3 times she has come up here and done this my kids have been home and I don't want them exposed to it. I have dealt with this from her for 11 years but not usually in front of my kids. I really just wanted to know if I have the right to not let her in..because she will most likely call the police on me if I don't. We don't pay rent ..and she would not accept it if we tried. The house is something she tries to use to control my husband. So offering rent or fair market value for the home wouldn't work.

 

[OK-LL]

At a minimum, you are tenants in his mother's property, whether you pay rent or not. Better yet, you may be co-owners with his mother, if you were to take it to court to establish your husband's and your MIL's contribution to the property by agreement. If push comes to shove, you may have to seek a court order establishing your interest in the property. Meanwhile, if she feels she owns the property, you can require that she provide you with the statutory notice to enter (usually 24 hours) prior to any entry on the property you occupy. If she refuses to play ball, you can file a suit for the violation of statutory notice.

Since this is family, a better solution would be for you, your husband and your MIL to sit down and discover what's bothering her and why she's demonstrating it in the manner she is. If there is no solution, you and your husband may want to evaluate the benefit of living near her vs. moving far away and being fully responsible for yourselves financially.

 

[Zigner]

Better yet, you may be co-owners with his mother, if you were to take it to court to establish your husband's and your MIL's contribution to the property by agreement. If push comes to shove, you may have to seek a court order establishing your interest in the property.

A written agreement would be required. Based on a non-written agreement, hubby may be able to seek monetary compensation for the labor he put in, but he's not going to be a co-owner of the house.

 

[Ohiogal]

A written agreement would be required. Based on a non-written agreement, hubby may be able to seek monetary compensation for the labor he put in, but he's not going to be a co-owner of the house.

The pesky statute of frauds sinks any ownership claim hubby has.