Legal Question in Real Estate Law in California

If a property has been under my mothers name for 23 years (loan is under her name as well) and her down payment was paid by her father, can her brother come after her stating that he is an owner? He is claiming that he in fact helped pay for the down payment.

Asked on 11/04/17, 7:18 pm

1 Answer from Attorneys

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

Yes, someone who paid part of the down payment for real estate is often entitled to part ownership under a principle called “purchase money resulting trust”. There is a somewhat involved formula in the law for calculating such a part interest, and her brother’s share is likely to be rather small, but nevertheless needs to be determined and respected. I suggest finding a lawyer who is familiar with resulting trusts, which may not be that easy as the concept is rather obscure.

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Answered on 11/04/17, 8:36 pm

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