Legal Question in Civil Litigation in California

6 years ago my parents sold their house and moved in with me and my family. The money they got from the sale of their house was put in my name. A year after they moved in with us I sold my house and purchased a house that was big enough for all of us. The down payment for the new house came from the the money that was from the sale of their home along with the equity in my home. They never paid any part of the mortgage, taxes, or utilities. Me and my husband are only on title to the house and on the Deed of Trust. Now my mother has passed away and my father wants all of his money back. Because the market is low, I would end up with no equity. What are my rights? Do I have to give him all the money back?


Asked on 12/02/09, 10:38 pm

3 Answers from Attorneys

Aaron Feldman Feldman Law Group

If your parents intended to make a gift to you of this money, then your father cannot take it back. In addition, if it was not a gift then why was the money placed in your name? If your father has been living "rent free" for 6+ years, it doesn't seem fair that he should get 100% of his money back (assuming it was not a gift). He should owe as an offset something for his room and board for living with you all these years. But if it wasn't intended to be a gift and you really were holding it for your parents in almost a trust like arrangement, then why would you be entitled to keep the money? If it wasn't a gift, then you owe something back, but figuring out just what is fair can be difficult, particularly with real estate prices dropping.

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Answered on 12/07/09, 11:51 pm
Robert F. Cohen Law Office of Robert F. Cohen

Perhaps your father is looking for security by knowing he'll have a place to live for as long as possible. You might consult with an attorney if that would work -- perhaps by giving him a life tenancy in your house.

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Answered on 12/08/09, 2:10 am
Jonathan Reich De Castro, West, Chodorow, Glickfeld & Nass, Inc.

I agree with Robert - what is it that your father really wants? Once you get to the bottom of that issue it will be easier to come up with a solution. If the money was really a gift than your father is not entitled to get it back. If it was not a gift, it could be looked at as many different things - a loan, advance payment of rent, board and care, etc. It could also be argued to have been given to you in trust. If you can, the best thing to do is first sit down with your father and see what he really wants. Unless it is a tremendous amount of money, which I am guessing it is not, using lawyers to figure out what is going on could cost significantly more than it is worth.

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Answered on 12/08/09, 11:17 am


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