I have bough a property that is not under my name, now that person is selling it?

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I have bough a property that is not under my name, now that person is selling it?

I didn’t have the qualifications to buy the property so a friend did the favor and
bought it, and I would pay him the payments monthly. Now I just found out he is
selling it without my consent. Is there something I can do?

Asked on February 12, 2019 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can't stop him selling the property and he does not need your consent to sell it: if he's the only one on the title, it is his property not yours--you did not buy it for yourself; you bought it for him. The consent of non-owners to property, even ones who provide financing or funding for it, is not necessary to sell it.
You may be entitled to some share of the proceeds from the sale, but possibly only if you have a written agreement regarding that. In CA, as in many states, under what is called the "Statute of Frauds," there are a few types of contracts that must be in writing to be valid and enforceable. Among them are contracts where someone purchases real estate for you, where you are paying another person's debt (such as mortgage debt), or which take longer than one year to perform or complete. Your agreement with him may fall under one or more of these categories and so may not be enforceable if not in writing. 
You are therefore strongly urged to consult immediately with an attorney to understand what rights you may have and how to enforce. In the future do not do anything like this--don't pay your hard-earned or valuable money for someone else to own something.


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