What are my rights if I purchased a house with my grandmother and our arrangement was that when she died the house would be mine?

Get Legal Help Today

 Secured with SHA-256 Encryption

What are my rights if I purchased a house with my grandmother and our arrangement was that when she died the house would be mine?

She made the down payment; I made all the payments. We never put this in writing. When she died her half of the house went to her heirs. I now leagally own 87.5% and my uncle owns 12.5%. I would like to sell the house but he will not release his claim and will not talk to me about negotiating a sale. What can I do?

Asked on January 2, 2013 under Real Estate Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your loss.  Here us the thing: any agreements as to real property have to be in writing in order to be valid.  So if your agreement with your grandmother was verbal you are out of luck.  The rule is in compliance with a law known as the Statute of Frauds.  Your best bet is to negotiate with your Uncle and buy him out.  Otherwise speak with an attorney about an action for partition.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption