• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

His word is not so golden

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

kikinca

Junior Member
What is the name of your state?What is the name of your state? California

5 years ago my father purchased a home. He told me to find one for an agreed price of 110,000. I found one and talked the owner down from 116,00 to 110,000. The down payment came from my grandfather who died and left money to my mother. He wanted me to have money to help me get into a house. All this is verbal. I had just came out of a financial hardship from child who was very sick. I never applied for a home loan I went on my fathers experience of home buying as that I would not qualify. He told me that after 2 years of paying on the home I could assume the loan. It wasn't until last year when he had surgery and became ill that I felt compelled to finally apply for a loan and take it over. I showed him the papers and told him it was time. My mother who is NOT on the deed said, "no" the home equity now is over 200,000 and she said that she wants it. Now she is trying to evict the kids and I. We had a verbal agreement. I have witnesses. The real estate agent, the orginal home owners and my 3 kids who are 13, 12, and 10. My father doesn't want this to happen but said she has threatened to divorce him if he doesn't go along with him. I offered 50/50, I offered the down payment back but it comes down to total greed and basically a sick woman. Do I have any legal case?
 


BelizeBreeze

Senior Member
kikinca said:
What is the name of your state?What is the name of your state? California

5 years ago my father purchased a home. He told me to find one for an agreed price of 110,000. I found one and talked the owner down from 116,00 to 110,000. The down payment came from my grandfather who died and left money to my mother. He wanted me to have money to help me get into a house. All this is verbal. I had just came out of a financial hardship from child who was very sick. I never applied for a home loan I went on my fathers experience of home buying as that I would not qualify. He told me that after 2 years of paying on the home I could assume the loan. It wasn't until last year when he had surgery and became ill that I felt compelled to finally apply for a loan and take it over. I showed him the papers and told him it was time. My mother who is NOT on the deed said, "no" the home equity now is over 200,000 and she said that she wants it. Now she is trying to evict the kids and I. We had a verbal agreement. I have witnesses. The real estate agent, the orginal home owners and my 3 kids who are 13, 12, and 10. My father doesn't want this to happen but said she has threatened to divorce him if he doesn't go along with him. I offered 50/50, I offered the down payment back but it comes down to total greed and basically a sick woman. Do I have any legal case?
A legal case for what?
 
kikinca said:
What is the name of your state?What is the name of your state? California

5 years ago my father purchased a home. He told me to find one for an agreed price of 110,000. I found one and talked the owner down from 116,00 to 110,000. The down payment came from my grandfather who died and left money to my mother. He wanted me to have money to help me get into a house. All this is verbal. I had just came out of a financial hardship from child who was very sick. I never applied for a home loan I went on my fathers experience of home buying as that I would not qualify. He told me that after 2 years of paying on the home I could assume the loan. It wasn't until last year when he had surgery and became ill that I felt compelled to finally apply for a loan and take it over. I showed him the papers and told him it was time. My mother who is NOT on the deed said, "no" the home equity now is over 200,000 and she said that she wants it. Now she is trying to evict the kids and I. We had a verbal agreement. I have witnesses. The real estate agent, the orginal home owners and my 3 kids who are 13, 12, and 10. My father doesn't want this to happen but said she has threatened to divorce him if he doesn't go along with him. I offered 50/50, I offered the down payment back but it comes down to total greed and basically a sick woman. Do I have any legal case?
If your fathers name is on the deed, CA is a community property state and therefor your mother is entitled to her share of the equity. Her share of the equity depends on how many other names are on the deed and how title is held if it's more than just your dad.

The good news is your mother is ONLY entitled to her share and your dad can still give you HIS share of the equity. You just need to find out what that is.

P.S. Verbal agreements have NO merit at all, no matter how many witnesses there are or how old they are.
 

kikinca

Junior Member
Deed on property

The deed reads my dads name sole and seperate property. I wanted to know if I would go to court to prevent myself from being evicted if I would have a case to keep my home. The equity would be 200,000 after the house is paid off. I have made all payments to this home, including property taxes. I would like a response from someone with knowledge in this area, please. I already feel stiffed and by my own parents....Sheesh!
 

kikinca

Junior Member
BelizeBreeze

So, what shall I do with that finger...pull it or sniff it? I'm just looking for help not sick humor but nice try!
 

HomeGuru

Senior Member
kikinca said:
The deed reads my dads name sole and seperate property. I wanted to know if I would go to court to prevent myself from being evicted if I would have a case to keep my home. The equity would be 200,000 after the house is paid off. I have made all payments to this home, including property taxes. I would like a response from someone with knowledge in this area, please. I already feel stiffed and by my own parents....Sheesh!

**A: read my response and my profile.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top