Im not on the title nor the mortgage of a single family investment, which was a verbal agreement, do i have any rights?

Get Legal Help Today

 Secured with SHA-256 Encryption

Im not on the title nor the mortgage of a single family investment, which was a verbal agreement, do i have any rights?

Single family home
purchased 3 yrs ago with the intention of being added once I was done with school
and now my family wont add me. Now they are trying to evict me. I want the house
to be sold and given my share of the investment. I have proof of my share of the
monthly payments.

Asked on May 20, 2018 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

While you should consult with a real estate attorney to see whether, in your particular situation, you have any rights, as a general matter, you likely have no rights other than possibly to be treated as a tenant (due to your payments) and not a guest, which means you have to evicted as a tenant would be, and cannot be removed at will like a guest.
The problem for you is that agreements concerning the purchase or ownership of real estate must be in writing to be enforceable in your state (and most states), under the legal doctrine called the "statute of frauds." An oral (that, not "verbal," is the correct term) agreement to add you to the title--which means to sell an interest in the real estate to you--is not typically enforceable if not in writing. That you made payments does not guaranty or give you ownership--people may pay the mortgage or other expenses for a variety of reasons, such as their "rent" for living there, or as a gift to family or friends, and so the fact of making payments does not establish ownership.


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