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Ask CalAttorney2 Your Own Question
CalAttorney2, Attorney
Category: Landlord-Tenant
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing both landlords and tenants in residential and commercial property disputes.
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We have lived in our home plus years.after owning the home in myown name the m

Customer Question

{we have lived in our home for twenty plus years.after owning the home in myown name the mortgage was taken over by my older brother due nto illness and disability suffered from my my and I. having lived in the house and paying for the repairs on the home and doing the labor for such repairs my brother is now forcing us to sell our home. this inquiry is based on the fact that my brother is willing to sell the home for what we believe is much less than the home is worth just to get out from underneath the mortgage. we see no fairness in this because not only did we do the repairs with our labor we also paid for the material to do such repairs and feel we should be reimbursed for our efforts in maintain this home that my sibling has visited only twice in the twenty years we have occupied it. please inform me of any legal channels we can take to protect our interest. broke and confused and near homeless in Schoharie ny? UESTION}
Submitted: 2 years ago.
Category: Landlord-Tenant
Expert:  CalAttorney2 replied 2 years ago.
While you do not have a legal (contractual) right to compensation, it is possible that you can claim that you are entitled to money for the repairs based on equitable ("fairness") grounds. This would have to be based on some form of understanding that you would have to prove between yourself and your brother that you had been led to expect to be compensated for the cost of doing these improvements over the years. To be very honest with you, this is not going to be a favored cause of action, and without anything in writing to support your position it is a weak claim at best, ***** ***** is possible to make a claim for "unjust enrichment" to get the benefit of these repairs. I am sorry to report this information to you, but I want to be very clear regarding the potential for recovery to help you avoid throwing good money after bad so that you can better evaluate your course of action.

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