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Marsha411JD
Marsha411JD, Lawyer
Category: Real Estate Law
Satisfied Customers: 19779
Experience:  Licensed Attorney with 29 yrs. experience with Real Estate
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My daughter used her VA benefits to purchase a new home for

Customer Question

My daughter used her VA benefits to purchase a new home for us. We have made the payments from our account. My daughter, her husband and 2 children have lived with us from the start and are now moving out at the end of the month. The move-out was caused by less-than-amiable circumstances. Until now, the verbal agreement is that the home is ours with their names on the mortgage until we were ready to refinance and/or purchase the home outright.
To further complicate matters, my wife and I have spent nearly $30k for required upgrades, partially to comply with HOA requirements (exterior improvements), and other essentials such as window coverings, et. al.
We are not in a position at this juncture to purchase the home outright but, we are able to make payments. My daughter, on the other hand, does not have financial ability to make both the mortgage payment and the new lease on her new apartment. I do not want to continue making payments on this home if my legal rights of ownership are not secured. I'm in California, what are my options?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Marsha411JD replied 1 year ago.
Hello,Thank you for the information. Can you please tell me if your name is ***** ***** deed? Just to confirm there is no written contract, like a rent to own or anything similar that you and your daughter and her husband signed, correct?
Customer: replied 1 year ago.
Our names aren't on the deed, although, the plan was to include our names on the deed after we had a history of payment proof, which we do, now 18 months.
Customer: replied 1 year ago.
There is no written contract. No rent-to-own, no lease agreements; all verbal.
Customer: replied 1 year ago.
My plan now is to present my daughter with documents that will legally entitle us to the property, and give her the option of either evicting us, or agreeing to the legal form of co-ownership. That said, in the event of an eviction, I would have to sue for the $30k of required upgrades. It's a real mess.
Expert:  Marsha411JD replied 1 year ago.
Thank you for that information. Unfortunately, under real property law you have no ownership interest in the property based on the facts as you have described them. You might be able to file suit against your daughter for the money you have put into the house if there was a verbal agreement that they would pay you. However, your verbal agreement that they would sign over the house, is not enforceable. There is a common law concept called the Statute of Frauds which generally says that all transactions or agreements concerning real property must be in writing. In addition, your daughter would face fraud charges with the VA if they knew she had purchased the property for some reason other than to be her own primary residence. She can certainly sell the home to you, but she cannot transfer the home with the mortgage on it that is guaranteed by a VA loan. Please feel free to ask follow up questions if you have them. Keep in mind that I cannot respond to posts that come after I have started working on your answer but have not yet responded to your previous post.
Expert:  Marsha411JD replied 1 year ago.
Hello again,
I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided you on the 16th. For some unknown reason, the Experts are not always getting replies or ratings (in the pop up box for this question, which is how we get credit (paid) for our work) that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator.
In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/
Thank you.