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  1. #1
    Join Date
    Sep 2016

    Default Property Ownership After Making a Deal With the In-Laws Parents

    A married couple got into financial trouble, and got help from the husband's parents. The parents took title to the couple's home, then refinanced the home. The couple did not receive any money, and they have been paying the mortgage payments. It was their understanding that when the mortgage was paid off, or the couple's credit recovered to the point that they, they could get title back in their names.

    Several years later, the couple is divorcing. The man claims that his parents own the home, and that they are just tenants. He says that the wife gets no credit for the money she has paid into the home. Is that correct?

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Property Ownership After Making a Deal With the In-Laws Parents

    It may be correct. It is important for the wife to work with a good real estate lawyer who can advocate for her.

    On the face, she has a weak argument. Real estate agreements must ordinarily be in writing to be enforceable. However, under the doctrine of part performance she may have a basis to claim that they had an enforceable buy-back agreement, or she may be able to establish some form of constructive trust. These are arguments that are usually highly dependent upon the facts and state law, so it's an analysis best performed by a lawyer.

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