Promissory Estoppel-real estate California
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Promissory Estoppel-real estate California
Family code section 852 seems pretty clear, transmutations
must be in writing. So my husband owned the marital residence
prior to marriage. It is his separate property. He promised me
a Life Estate, if I agreed to sign on the new mortgage. After
that I also spent nearly 100,000 in improvements to his
house. I understand I can seek some reimbursement for the
improvements. Question is can I force him through promissory
estoppel to give me that Life estate?
Asked on August 11, 2019 under Family Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
You may be able to. As you apparently know, promissory estoppel applies if--
1) The other party makes you a promise to encourage you to do something to your detriment or costly to you--like cosigning a mortgage and investing in a home;
2) It is reasonable for you to rely on the other party's promise--such as a spouse's promise relating to what is or will be a marital home;
3) You in fact rely on that promise to your detriment.
The situation you describe appears to meet these criteria, so you may be able to force him to grant you the life estate.
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