Legal Question in Real Estate Law in California

Ownership

I am the title owner of a piece of property that my grandson is living on and is making the payments on the loan that is in my name. I want to sale it. Is he entitle to any equity? Is he the equitable owner?


Asked on 10/26/06, 11:16 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Ownership

In answer to your questions:

Is he entitled to any equity? No, at least not based on the facts stated in your question.

Is he the equitable owner? Again, no. Equitable ownership different from "title" or legal ownership can arise under various circumstances, including payment of the down payment money, but not from kaing payments on the loan. He is not an owner, and the making of payments would at most give rise to a right to reimbursement for the payments, but that would be offset by your right to receive a fair rent.

So if this went to court, the claims would largely offset, and you might be held liable to pay him a little on net balance, or he might have to pay you a little on net balance, but in the absence of a contract providing for a different outcome, the grandson is not an owner of any kind and is not entitled to participate in the equity or appreciation or tax write-offs or any other aspect or benefit of ownership.

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Answered on 10/27/06, 12:37 am


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