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Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 33705
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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If my mother purchased a home and my wife, but refused to

Customer Question

If my mother purchased a home for me and my wife, but refused to put it in our names unless under her terms . which are as follows... if I get a divorce or my wife leaves me it will go back to her name or my kids name. I was wondering if that was legal or if she passed away what would happen?
Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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What does the deed actually say about who is the legal owner of the property?

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Where did she put those conditions in a written form? in the deed? or some type of written contract?

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thanks

Barrister

Customer: replied 1 year ago.
She will put the deed in my name only if the contract on the side states that if I get a divorce I will lose the house and it goes back to her name
Expert:  Barrister replied 1 year ago.

Ok, then that would be a legally binding contractual agreement as she is making a "conditional gift" that is conditioned on you remaining married. If you agreed to accept the gift, then you would be agreeing to the conditions that are imposed by her in you receiving it.

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If you breached the agreement by refusing to deed the property back to her if you divorced or wife left, she would have to file suit under a breach of contract claim to get a court to order you to transfer the property back to her.

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If she were to pass away, then if she is the only one who could enforce the contract, that condition would then lapse and be unenforceable once her estate was settled.

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thanks

Barrister