If my parents gave me a house, can they take it back?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my parents gave me a house, can they take it back?
My parents gave my family and I a house 5 years ago. They bought it on a land contract so it couldnt
be switched out of their name until the sell was complete. By the time the land contract was finished
my mother had filed for divorce from my father after 40 years of marriage so legally it couldnt be put in my name at that point. During the first arbitration she said she wanted to take the house from me
completely. We planned on selling and moving closer to my dad. Now, since she has found this out, she has agreed to put the house in my name but if I ever sell the house she insists on getting 50% of the money. The house was given to me outright with no strings attached, can she do this? Her brain is diseased and she is only doing this to be spiteful and vindictive, is it legal?
Asked on December 6, 2017 under Real Estate Law, Kentucky
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
According to what you write, the house has not been given to you yet--it was not put into your name. It was *promised* to you, but not actually transferred to you. Unfortunately, a promise like this has NO legal effect whatsoever: it may be ignored or reneged upon at will. Essentially, such a promise means nothing and gives the promisee (the person receiving the promise) no rights. Therefore, you at present have no right to the house or interest in it: she has not given you anything yet. That being the case, since she has not given it to you, if she does, she may do so subject to some enforceable agreement that if you sell the house, she gets 50% of the money--she can put that condition on you getting it, and if you are not willing to accept that condition, you can refuse to accept the house. And if you accept the house subject to that condition, you would be bound to it.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.