What are my rights if I purchased a house with my grandmother and our arrangement was that when she died the house would be mine?
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What are my rights if I purchased a house with my grandmother and our arrangement was that when she died the house would be mine?
She made the down payment; I made all the payments. We never put this in writing. When she died her half of the house went to her heirs. I now leagally own 87.5% and my uncle owns 12.5%. I would like to sell the house but he will not release his claim and will not talk to me about negotiating a sale. What can I do?
Asked on January 2, 2013 under Real Estate Law, Texas
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
I am so sorry for your loss. Here us the thing: any agreements as to real property have to be in writing in order to be valid. So if your agreement with your grandmother was verbal you are out of luck. The rule is in compliance with a law known as the Statute of Frauds. Your best bet is to negotiate with your Uncle and buy him out. Otherwise speak with an attorney about an action for partition. Good luck.
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