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My husbands uncle owned a house (duplex) and land with his…

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My husband's uncle owned a...
My husband's uncle owned a house (duplex) and land with his sister. We have lived in one half of the duplex for 8 years. We are paying the home equity loan that his uncle took out to pay for remodeling the half we live in. My husband did all the work remodeling this half. We have been taking care of his uncle's needs for the past 30 years. We moved in 8 years ago basically to be here for him medically and financially as his mother was about to sign over her half to us. But she died one week before the transfer so then it went to her husband. For the past 5 years since her death he had also promised to sign it over but now refuses. His parents had not paid one penny to the up keep of the land nor paid taxes for the past 30 years. His uncle signed over his half to us 2 years ago. We have been paying the taxes on the property since we moved here. What are our rights.
Submitted: 8 years ago.Category: Real Estate Law
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Answered in 4 minutes by:
6/21/2010
Real Estate Lawyer: Richard, Lawyer replied 8 years ago
Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 57,198
Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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Good morning. Although you don't have the right to force the husband to transfer the land to you, what you do have is a claim for reimbursement of the money and labor value that you put into the house on the husband's behalf. You would need to reduce this by the fair market rental value of the premises you have occupied over the years. You should file a claim against him for this amount. After you get a judgment, you can then move to collect that judgment by attaching his assets, including the interest in the house. This should either get his attention and get him to agree to transfer his interest in the house, or you can move to foreclose on his interest to collect your judgment.

 

 

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The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.

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Richard, Lawyer
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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