We are losing our home due to it being sold from underneath us

[notromlv82]

Can a gift of a house be taken back?
My late grandfather's wife offered to buy me and my family a house within a certain price range because we just had to find a house. She told me several times that she wanted nothing in return for this and that the house would be mine outright. She hired a realtor to help us. We finally found a house that fit the price range and she asked me if it was truly the house I wanted and if it was, she would purchase it for me. She again expressed that this was a gift to my family and I. Now I have just found out that she sold the house that was gifted to me and that we have been living in for 2 years. I found this out by receiving a eviction notice from the new owner. Can she really do this?

 

[not2cleverRed]

If you are not on the deed, then yes, apparently the owner of record or their legal representative can sell their property.

Have you maintained cordial communication with your benefactor? Have you spoken to her recently (within the past month)? Has her health been poor - has someone taken over her finances and is liquidating them?

 

[FarmerJ]

If the house was in her name all this time and you did not have a written agreement or anything in writing from her that would have said other wise yes she can and did sell her property, I say her property because if she truly wanted to give it to you she would have done so where your name would have been on the title with hers to make it jointly owned or your name alone . If your new landlord has given you proper notice to vacate that meets your states laws , then you should plan on moving.

 

[Just Blue]

Can a gift of a house be taken back?
My late grandfather's wife offered to buy me and my family a house within a certain price range because we just had to find a house. She told me several times that she wanted nothing in return for this and that the house would be mine outright. She hired a realtor to help us. We finally found a house that fit the price range and she asked me if it was truly the house I wanted and if it was, she would purchase it for me. She again expressed that this was a gift to my family and I. Now I have just found out that she sold the house that was gifted to me and that we have been living in for 2 years. I found this out by receiving a eviction notice from the new owner. Can she really do this?

What US State is this in?

 

[adjusterjack]

Can she really do this?

She obviously CAN do it because she DID do it.

Now the new owner wants you out and there isn't anything you are going to be able to do about it except move within the proper notice period.

 

[notromlv82]

What US State is this in?

This is in Nevada

 

[Taxing Matters]

Can a gift of a house be taken back?
My late grandfather's wife offered to buy me and my family a house within a certain price range because we just had to find a house. She told me several times that she wanted nothing in return for this and that the house would be mine outright. She hired a realtor to help us. We finally found a house that fit the price range and she asked me if it was truly the house I wanted and if it was, she would purchase it for me. She again expressed that this was a gift to my family and I. Now I have just found out that she sold the house that was gifted to me and that we have been living in for 2 years. I found this out by receiving a eviction notice from the new owner. Can she really do this?

If she truly meant for the home to be yours “outright” then the house should have been titled to you (meaning the deed was written with you as the grantee) when she bought it. Was it? If the answer is no, did you ask her about that at the time the transaction was done? If the house was titled to her then evidently she did not mean for you to own the house outright but rather simply bought a home in which she allowed you to live there rent free, which you’ve done for two years. If she owns it, she can sell it and the new owner doesn’t have to let you stay there. Promises to make a gift are not enforceable in court.

 

[not2cleverRed]

If she truly meant for the home to be yours “outright” then the house should have been titled to you (meaning the deed was written with you as the grantee) when she bought it. Was it? If the answer is no, did you ask her about that at the time the transaction was done? If the house was titled to her then evidently she did not mean for you to own the house outright but rather simply bought a home in which she allowed you to live there rent free, which you’ve done for two years. If she owns it, she can sell it and the new owner doesn’t have to let you stay there. Promises to make a gift are not enforceable in court.

This is not necessarily true.

It is possible, since she was married to OP's late grandfather, that she herself is a senior citizen, and fully intended to give the property to OP but did not get around to it, for whatever reason.

OP refused to respond to my questions. If someone made such a gift to me, I would feel that the least I could do is maintain contact with the person, and do what I could to make them feel like family. It is possible that someone (not family) has been appointed to OP's grandfather's widow, and that person has decided to liquidate the woman's assets, regardless of her wishes.

If something like this had happened to me, the first thing I would do is contact my relative-by-marriage and see how she's doing. I would simultaneously start my moving plans.