Legal Question in Real Estate Law in New Mexico

New mexico..My parents property was only under my dads name and they bought it when they got married. My mom left my dad due to domestic violence. My dad signed the property over to his brother so my mom wouldnt try fighting for it. My brothers and myself are over 18 yrs of age. Is there anythim we can do? My dad got diagnosed with dimentia and cancer. My dads brother is capable of selling the property and not giving us one cent.

Asked on 1/26/13, 10:05 pm

1 Answer from Attorneys

Kevin Connolly Kevin J. Connolly

You would have to get uncle to sign an agreement that he holds the property in trust, or sue him to impose a "constructive trust." Not a cheap exercise. Your Dad may have wanted to ensure that he had a place to live, which he has had. Your path to recovery is not going to be simple or easy, but if the property is worth more than $25,000 over the mortgage, it may be worthwhile.

Does your Dad have lucid intervals?

PS: I am also licensed in NM.

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Answered on 1/29/13, 9:24 am

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