Relative Refusing to Pay to Put House in Her Name

[walt25]

What is the name of your state (only U.S. law)? Minnesota

My dad recently bought a new house and offered to let my aunt (his sister-in-law) move into his old house on the condition she filled out all the paperwork and paid any fees associated with putting the house in her name. She agreed to this but they never had any sort of written agreement, only verbal. A week after he moved out she asked if she could move in early while she was still figuring out all the paperwork and my dad agreed.

Now it's been roughly two months since then and she still hasn't put the house in her name. We recently found out that at she has no plans to do so either, because she doesn't want to pay the fees (my dad asked the courthouse how much the fees would be and it would roughly be ~$1000). She recently changed the locks on the house and will not let my dad into the house, even though he still owns it.

I want to help out my dad because I feel bad for him, I'm just wondering what his options are? He wants her to move out but he's thinking he will have to evict her. I believe he went to the courthouse recently to discuss his options. He still technically owns the house and she hasn't paid or put any of the bills in her name either. Except for the electricity bill which she paid on Friday.

Thank you!!

 

[LdiJ]

What is the name of your state (only U.S. law)? Minnesota

My dad recently bought a new house and offered to let my aunt (his sister-in-law) move into his old house on the condition she filled out all the paperwork and paid any fees associated with putting the house in her name. She agreed to this but they never had any sort of written agreement, only verbal. A week after he moved out she asked if she could move in early while she was still figuring out all the paperwork and my dad agreed.

Now it's been roughly two months since then and she still hasn't put the house in her name. We recently found out that at she has no plans to do so either, because she doesn't want to pay the fees (my dad asked the courthouse how much the fees would be and it would roughly be ~$1000). She recently changed the locks on the house and will not let my dad into the house, even though he still owns it.

I want to help out my dad because I feel bad for him, I'm just wondering what his options are? He wants her to move out but he's thinking he will have to evict her. I believe he went to the courthouse recently to discuss his options. He still technically owns the house and she hasn't paid or put any of the bills in her name either. Except for the electricity bill which she paid on Friday.

Thank you!!

Yes, he will have to evict her. He should get on that ASAP.

 

[John Se]

What is the name of your state (only U.S. law)? Minnesota

My dad recently bought a new house and offered to let my aunt (his sister-in-law) move into his old house on the condition she filled out all the paperwork and paid any fees associated with putting the house in her name.
Now it's been roughly two months since then and she still hasn't put the house in her name. We recently found out that at she has no plans to do so either, because she doesn't want to pay the fees (my dad asked the courthouse how much the fees would be and it would roughly be ~$1000). She recently changed the locks on the house and will not let my dad into the house, even though he still owns it.

I want to help out my dad because I feel bad for him, I'm just wondering what his options are? He wants her to move out but he's thinking he will have to evict her. I believe he went to the courthouse recently to discuss his options. He still technically owns the house and she hasn't paid or put any of the bills in her name either. Except for the electricity bill which she paid on Friday.

Thank you!!

So your dad was going to give a house to your aunt. Now she wants to live there for free, (obviously she doesn't want the expense of ownership, or doesn't want to take the house and then sell it).
If she will pay the expenses of living in the house like the ins and taxes then why not let her live there and sell it whenever you desire.
Or just evict the ungrateful relative freeloader. You know this could make family functions awkward.

 

[FarmerJ]

It is very important to get this done now as in ASAP our state requires one rental period of notice and one day to be given to tell someone to get out SO he needs to do a letter, date, her name, this is your notice to vacate (address ) by Aug 31 2016 ( your dads name and address and signature ) he needs to make 3 copies, one for his records, one to be sent via certified mail and another to be sent via confirmed mail delivery and it has to get to her on or before this coming Saturday so that means get them mailed today or weds. WHY two ways to send it, well if she refuses the certified one it will come back to your dad as refused and he has to keep it sealed and in original envelope, the confirmed mail delivery one the post office will verify that they delivered it and no one has to sign but the deal is that if she lied to the court and said she never got notice to move out then she can try to explain why the USPS confirmed delivery of one while she refused to sign for or go get the other one from post office. SEE since she is now acting like a tenant then she can be given proper notice to get out like one. In the end here its likely that your dad is going to have to take her to court to ask a court to order her out. To do so is not that hard but the fee has gone up since I last had rental units down in the cities . With real estate transactions every thing has to be in writing( oral agreements are worth less because all it takes is for one party to deny there was a agreement and becomes a huge PITA, your dad now sees the error of his ways I imagine. do not waste time on getting the notice out to her or you will miss the mark and wont be able to get her out til the end of September best of wishes to your dad on this I gotta get to bed , work overnights but do update and post about the results

 

[latigo]

It is very important to get this done now as in ASAP our state requires one rental period of notice (?) . . .

"Rental period?" Pardon me, but what "rental period"?!

This whole ill conceived idea was to put the house in the woman's name; not to lease it to her!

(dad) offered to let my aunt (his sister-in-law) move into his old house on the condition she filled out all the paperwork and paid any fees associated with putting the house in her name

Now it's been roughly two months since then and she still hasn't put the house in her name.

Meaning that no landlord/tenant relationship was created nor anything giving rise to a cause of action for tenant eviction!

What dad needs is to proceed by his attorney to secure a writ of possession under Section 504B.301 of the Minnesota Statutes on the grounds that she is unlawfully detaining/retaining possession of his real property.

PLUS in view of the issue of verbal transfer of ownership, add a count seeking a declaratory judgment that she has no right, title, claim or interest in the property.

In other words, not only does dad need to have her legally removed from the property, but the question of any property rights she may have in the property because of the verbal stuff fully concluded in dad's favor. Somewhat in the nature of quieting title in dad's name. At least as to the sister-in-law.

Adding: Dad should not be anticipating being named most clever senior citizen of the year. Because this is going to cost him some money.

 

[Zigner]

"Rental period?" Pardon me, but what "rental period"?!

This whole ill conceived idea was to put the house in the woman's name; not to lease it to her!





Meaning that no landlord/tenant relationship was created nor anything giving rise to a cause of action for tenant eviction!

What dad needs is to proceed by his attorney to secure a writ of possession under Section 504B.301 of the Minnesota Statutes on the grounds that she is unlawfully detaining/retaining possession of his real property.

PLUS in view of the issue of verbal transfer of ownership, add a count seeking a declaratory judgment that she has no right, title, claim or interest in the property.

In other words, not only does dad need to have her legally removed from the property, but the question of any property rights she may have in the property because of the verbal stuff fully concluded in dad's favor. Somewhat in the nature of quieting title in dad's name. At least as to the sister-in-law.

Adding: Dad should not be anticipating being named most clever senior citizen of the year. Because this is going to cost him some money.

Real-estate dealings must in writing. No "property rights" are transferred verbally.

 

[FarmerJ]

Walt in our state even if someone doesn't pay rent and doesn't have a lease agreement that spells it all out, if they are no longer welcome and the owner wants them out they still have to give them the same notice as if they were a tenant and in this state when you don't give someone proper notice to get out as if they were a tenant then most of the time they will in court claim they didn't get proper notice to get out ( too little time ) they may end up claiming they are a tenant and in the end eviction isn't just for paid tenants in our state, its used for getting out people who were given proper notice to get out and don't do it or ones who are paid tenants and give notice to move out then refuse to move out and last but not least tenants who refuse to pay rent SO in your dads spot if he gives her proper notice to get out and she claims there was some other kind of arrangement then she should be able to prove it but with out any thing else to prove that she has a right to stay in that house then the courts aren't likely to let her stay once she has proper notice to get out. good night lol