Real Estate Ownership?

[Anjelita]

What is the name of your state (only U.S. law)? PA

Hello! I am not quite certain where to post this thread, I hope this is the right spot.

11 years ago my grandmother bought me a house as a gift (she had been saving $$ for me since I was born specifically for this), I was only 20 at the time so she put the house in her and my grandfather's name, I suppose because 20 isn't a very responsible age. This is a very small starter home, 2 bedrooms. 5 years ago, I got married, had 2 children, one in 2011, one in 2012 (I also have a 12 year old from previous marriage), everything is going great, decided we needed a new, bigger home to accommodate the bigger family. She offered to sell this house, give me the cash as a down payment for a bigger house and have that house put in my husband and I's name. I've always maintained the house, making renovations, repairs, replacements as needed, paying the property tax every year etc. Bills are all in my name. We were going to have some renovations done this summer, just to the front yard, have it cemented over, there is no backyard and we wanted a safe place for the kids to play outside. We hired a licensed contractor, she shows up today out of the blue with some mexican she picked up from home depot (literally) and said he would do it for half the price. We politely declined because we already have someone to do the work (we were paying for). She spazzed. Told us we have a year to get out of the house. Came out of nowhere, we've always had a good relationship and this was never expected, the house was always referred to as my house and suddenly it's her house - I even offered to give her "rent" for it every month, she declined saying it was a gift. Yes, I understand I was privileged to have been given a house, and am thankful for that, but we are not financially prepared to uproot my family in just a year. My question is am I entitled at all to this house legally? It was given as a "gift" to me, but in her and my grandpop's name. Any help would be awesome. Thanks!

 

[justalayman]

If she remained as the legal owner of the house, she can demand you move. She is bound by the laws regarding tenant landlord relationships but it is her house.

 

[Anjelita]

Even though a lease agreement or any type of paperwork was never drawn up? How am I a tenant, I don't pay rent, never had a contract, maintained the house. Just curious. She's never lived here. What about squatters rights? Just throwing things out there, I'm clueless.

 

[justalayman]

Even though a lease agreement or any type of paperwork was never drawn up? How am I a tenant, I don't pay rent, never had a contract, maintained the house. Just curious. She's never lived here. What about squatters rights? Just throwing things out there, I'm clueless.

You are a tenant because you are not an owner. Those are the choices you have. There needs be no official contract to establish a tenancy for the purposes of the law being applicable.

squatter's rights AKA adverse possession do not apply because your possession was by permission and as such, not adverse to the owners intent.

 

[Anjelita]

Thank you for your responses! So what, exactly, does she have to do if we refuse to leave? Just looking at what kind of time frame I have to get things sorted and find a new home.

 

[justalayman]

she would have to evict you through the courts should you refuse to leave after given proper notice. I am certain a year is more than adequate notice.

 

[tranquility]

A house you did not buy nor put in your name is not your house. I do not know your legal remedy. Gifts are not generally enforceable.

See a fancy attorney for any hope. Even then, be ready for a hard fight.

Long time to collection if right too.

FIND OTHER INCOME.

 

[Searchertwin]

What is the name of your state (only U.S. law)? PA

Hello! I am not quite certain where to post this thread, I hope this is the right spot.

11 years ago my grandmother bought me a house as a gift (she had been saving $$ for me since I was born specifically for this), I was only 20 at the time so she put the house in her and my grandfather's name, I suppose because 20 isn't a very responsible age. This is a very small starter home, 2 bedrooms. 5 years ago, I got married, had 2 children, one in 2011, one in 2012 (I also have a 12 year old from previous marriage), everything is going great, decided we needed a new, bigger home to accommodate the bigger family. She offered to sell this house, give me the cash as a down payment for a bigger house and have that house put in my husband and I's name. I've always maintained the house, making renovations, repairs, replacements as needed, paying the property tax every year etc. Bills are all in my name. We were going to have some renovations done this summer, just to the front yard, have it cemented over, there is no backyard and we wanted a safe place for the kids to play outside. We hired a licensed contractor, she shows up today out of the blue with some mexican she picked up from home depot (literally) and said he would do it for half the price. We politely declined because we already have someone to do the work (we were paying for). She spazzed. Told us we have a year to get out of the house. Came out of nowhere, we've always had a good relationship and this was never expected, the house was always referred to as my house and suddenly it's her house - I even offered to give her "rent" for it every month, she declined saying it was a gift. Yes, I understand I was privileged to have been given a house, and am thankful for that, but we are not financially prepared to uproot my family in just a year. My question is am I entitled at all to this house legally? It was given as a "gift" to me, but in her and my grandpop's name. Any help would be awesome. Thanks!

The best thing here is to go Grandma and just try to reason with her.
1) Ask her why this was such a major issue with her.
2) Explain to her why you think your contractor would do a better job.
3) Ask her what if this guy does a lousy job, than what?
4) If it means this much to her, that you will accept this guy to do the work.
5) Let her know that you will seek approval on any major construction

In her eyes, this house is still hers.

I can understand a licensed contractor vs a non-licensed one, but it is still her house, her final say-so

Than later on, you need to get something in writing stating the house is a gift.
BUT, you might want to check the different rules as far as taxes go when one receives a house by gift or inheritance.

Try all this to keep peace and to stay in that house. She will give in, I hope so.

 

[Gail in Georgia]

Here's your problem:


"11 years ago my grandmother bought me a house as a gift "

Prove this in court should it come to this. Any written documentation of such?

'I've always maintained the house, making renovations, repairs, replacements as needed, paying the property tax every year etc."

An incredibly stupid move on your part doing all this work on a house that you don't own.

'Came out of nowhere, we've always had a good relationship and this was never expected, the house was always referred to as my house and suddenly it's her house'

That's because legally it IS her house.

" Yes, I understand I was privileged to have been given a house, and am thankful for that, but we are not financially prepared to uproot my family in just a year. My question is am I entitled at all to this house legally? It was given as a "gift" to me, but in her and my grandpop's name. "

Again, any documentation that she gifted this house to you? If not, then legally it's not even a gift to you.

"Any help would be awesome."

Buy the house from Granny and do what you want with it. From her viewpoint you've been living in her house rent free (except for paying the property taxes) for the past 11 years and it sounds as if this idea is wearing thin with her. You and your husband are now adults; buy the place from her and you can do what you want with it.

Gail

 

[Searchertwin]

' OP stated, I've always maintained the house, making renovations, repairs, replacements as needed, paying the property tax every year etc."

Response from Gail, “An incredibly stupid move on your part doing all this work on a house that you don't own.’

No, not really. She believed it was her house by grandma words. She had no reason to doubt her till now. Now she needs to take action.
Houses I purchased for kids, still in my name, they HAVE to do all the repairs, if they want it done. I believe this is how she feels,. She been there 11 years doing as she pleases.
But my kids know the house is theirs. A Living Will recorded, in court house dictates that.
OP did you catch that?
But look into taxes as I stated.

Buy the house from Granny and do what you want with it. From her viewpoint you've been living in her house rent free (except for paying the property taxes) for the past 11 years and it sounds as if this idea is wearing thin with her. You and your husband are now adults; buy the place from her and you can do what you want with it.

Agee, the next best thing for her is buy the house BUT she can’t financially. That is why it is best to work out the terms with Grandma, get a living will started.

OP. remember that Grandma has a few years on her, memory is fading, and moods switch constantly. This is something she can’t help. You need to do a little research on this topic to help you understand her reaction to things. It will help you when you go talk to her.

Another step you might want to discuss with Grandma. Owner financing, with xx amount down that you can afford. I’m pretty sure the house is paid for, so offering her money will entice her plus the house will be yours legally.

 

[justalayman]

' OP stated, I've always maintained the house, making renovations, repairs, replacements as needed, paying the property tax every year etc."

Response from Gail, “An incredibly stupid move on your part doing all this work on a house that you don't own.’
No, not really. She believed it was her house by grandma words. She had no reason to doubt her till now. Now she needs to take action.
Houses I purchased for kids, still in my name, they HAVE to do all the repairs, if they want it done. I believe this is how she feels,. She been there 11 years doing as she pleases.
But my kids know the house is theirs. A Living Will recorded, in court house dictates that.
OP did you catch that?
But look into taxes as I stated.

the OP has no claim for title of the house. If one wants to go with the premise it was a gift, well, since it would be a unilateral gift with no consideration from the OP, such gifts can be rescinded prior to transfer with no cause of action on the recipient's part. Since title remains in grandma's name, there is nothing OP can do to claim title.

If you want to try to turn it into some sort of purchase, the statute of frauds precludes any cause of action since there is no written contract. All real estate transactions must be in writing.




The only action I can see might be possible would be the OP suing grandma for the costs of the improvements on the house. Some form of estoppel wold likely be the cause of action.

 

[Anjelita]

Hello, again thank you all for all of the info. I'll try to give a bit more info:

In 2001 I got married, had baby #1, x husband and I were looking for a home to buy (we were in an apartment), my Grandmother quickly said no, I have money I've been saving for you since you were born (I knew of this but never asked about it). Of course I agreed to a free house. I never asked for it. I even offered to pay her rent for it, she declined because "it's your house". It wasn't a you can live in this house for X amount of years then you have to leave. She was happy to give it to me and be able to offer me this - she comes from Cuba, they had nothing, she was very proud to be able to have bought her granddaughter a house. The deal "she" got for "her" house was awesome, it was about to be foreclosed on and she only ended up paying $48k for it, other people were putting in higher bids, but she had cash so she got it. It's worth about $150k now, was worth $100k at the time. She had it put in her name because again, I was only 20, newly married etc. She didn't want x husband getting half the house if we divorced. We did, a year later. I stayed here with baby #1, again, maintained everything myself, I don't think this was a stupid move, she bought me a house I was living in for free, why wouldn't I make repairs as needed, upgrades etc. Husband #2 moved in after we got engaged (with her blessings) in 2009, married 2010, had the two babies 2011, 2012. Husband lost his good paying job as editor at the patent office, I lost my job with the school district, both lay offs. Husband is now a security guard and am doing bookkeeping for a church part time, we're making about half of what we used to, getting along just fine though because of no mortgage/rent. We weren't prepared for this. We should have been. It was just completely unexpected. I thought the house was "mine".

Both Grandparents are well into their 70s, my Grandfather is definitely showing signs of dementia, but Grandmom is refusing to tell the doctor. Husband checks on them all the time, we call, visit, offer help, he maintains her house for her etc. I offered for us both to sell our (her) houses and try to find neighboring houses so I could take care of them as they got older. She's NEVER been mean to us, has always loved me, husband and great grandkids.

I called to tell her that we wanted to have the front yard re-done for the kids to play in because right now it's not safe - steps have cracks, it needs to have a brick wall built, be leveled out and sod laid. She said it was a great idea. We got several bids - all for about 8k, way over our budget, then, our neighbor had it done, her contractor gave us an awesome deal, 3k, fully licensed, insured etc and the best part was we got to see what an awesome job he did on the neighbors house. Grandmom randomly shows up at the house Monday morning (husband had just walked into the house, with the 9m old and 22m old, after dropping eldest son to school and me to work - we work opposite shifts), with this stranger that she admittedly picked up at HD. She's been picking up these people to do small jobs on her own home and they screw her over all the time, taking money and leaving, not finishing jobs, or just doing a horrible job. Husband politely told her we already paid someone to do the front, that was licensed, insured, and did a great job on the neighbors. She just freaked out, started yelling and screaming out of nowhere that he was a child abuser, and that he abuses me, crazy, off the wall stuff, saying things like we were all out to get her, she doesn't trust any of us, she even blamed some of the cracks in the cement on the steps on us (this house is a very old 1920s house) saying one of us must have taken a sledgehammer to it and cracked it cause cement doesn't just crack on it's own. What?! At this point she had scared the crap out of my kids and they were scared and crying, thankfully she left. The guy she brought with her even apologized for the way she acted, he was flabbergasted. I called her from work, I asked her if she was OK, if she needed me to take her to the doctors (not in a mean, demeaning way, I was concerned she might hurt herself or someone, husband said she left in a rage). She said the same things to me, why am I covering up for him (husband), if he just leaves everything will be OK, demanding that he leave. Again, this came out of nowhere, she's ALWAYS loved him, awesome father, step father, husband, always taking care of her and my Grandpop. Always helping. She demanded that I tell her the truth about who took a sledgehammer to the cement?? I had no idea how to respond. I told her if she wanted my husband gone, I would leave too, as soon as we were able to. She told me we have a year.

Legally, no, nothing was ever in writing that this house was a gift to me. It's in her will that this house, her house and her $$ goes to me, life insurance is in my name, but that's all there is in the way of writing. At this point I'm scared for her and my grandfather, but I'm also scared to approach her about seeing a doctor because she might spazz and demand I leave right away. No idea what to do.

 

[justalayman]

Legally, no, nothing was ever in writing that this house was a gift to me. It's in her will that this house, her house and her $$ goes to me, life insurance is in my name, but that's all there is in the way of writing. At this point I'm scared for her and my grandfather, but I'm also scared to approach her about seeing a doctor because she might spazz and demand I leave right away. No idea what to do.

then unless she changes the will, the house is yours (if there are no other debts of the estate that would require liquidating the property so as to be able to pay those bills) after she passes. Especially given this addition, it removes any claim you have to the house. Since she cannot direct property not in her estate with a will, it shows it was her intent to retain ownership until she passed and only then would you have actual ownership of the house.


If you and grandma cannot come to terms and she reconsiders you moving, you need to have someplace to move to at the end of the notice of termination of tenancy.


and yes, if she provides you with proper notice (not sure but most states require 1 month), she can demand you leave at that time.

 

[LdiJ]

What is the name of your state (only U.S. law)? PA

Hello! I am not quite certain where to post this thread, I hope this is the right spot.

11 years ago my grandmother bought me a house as a gift (she had been saving $$ for me since I was born specifically for this), I was only 20 at the time so she put the house in her and my grandfather's name, I suppose because 20 isn't a very responsible age. This is a very small starter home, 2 bedrooms. 5 years ago, I got married, had 2 children, one in 2011, one in 2012 (I also have a 12 year old from previous marriage), everything is going great, decided we needed a new, bigger home to accommodate the bigger family. She offered to sell this house, give me the cash as a down payment for a bigger house and have that house put in my husband and I's name. I've always maintained the house, making renovations, repairs, replacements as needed, paying the property tax every year etc. Bills are all in my name. We were going to have some renovations done this summer, just to the front yard, have it cemented over, there is no backyard and we wanted a safe place for the kids to play outside. We hired a licensed contractor, she shows up today out of the blue with some mexican she picked up from home depot (literally) and said he would do it for half the price. We politely declined because we already have someone to do the work (we were paying for). She spazzed. Told us we have a year to get out of the house. Came out of nowhere, we've always had a good relationship and this was never expected, the house was always referred to as my house and suddenly it's her house - I even offered to give her "rent" for it every month, she declined saying it was a gift. Yes, I understand I was privileged to have been given a house, and am thankful for that, but we are not financially prepared to uproot my family in just a year. My question is am I entitled at all to this house legally? It was given as a "gift" to me, but in her and my grandpop's name. Any help would be awesome. Thanks!

I suspect that your grandmother was momentarily upset and spazzed and will regret it later. Maybe she was embarrised because she made promises to the person she picked up at Home Depot and that caused her to spazz. If you and your grandmother have always had a good relationship, I think its very likely that this will all blow over...particularly if you don't feed any drama.

 

[tranquility]

I suspect that your grandmother was momentarily upset and spazzed and will regret it later. Maybe she was embarrised because she made promises to the person she picked up at Home Depot and that caused her to spazz. If you and your grandmother have always had a good relationship, I think its very likely that this will all blow over...particularly if you don't feed any drama.

I agree with this. Now, if I can get those damn kids off my lawn....