How do I go about transfering ownership

[linda_babb]

In 1998 there was a verbal agreement between myself, my husband, my father and my step mother as follows:

My husband & I were to purchase my fathers home (in Southern California) which I have lived in since he purchased it in 1966. The monthly payments were $350.00 per month deposited into a joint account held by all four of us. It was agreeded that if my father died we were to continue to make the monthly payments to my stepmother until her death and upon her death the home was ours. iIt was stipulated that none of my other siblings were entitled to this house. In may of 1999 my father passed away and we continued to make the monthly payments until July 1999. Since then my stepmother closed out the account and has waived all rights to any monies because now my siblings now have decided that they should get the monies. My stepmother says the house belongs to myself and my husband as we have always lived in it, we have paid for the property taxes and the house insurance since 1998 and we have also always paid for all the expenses to maintain the house since our marriage in 1983 and also paid rent prior to the purchase agreement.

There is no will and we need legal advise as how to transfer the Deed as my dad owned it free and clear.

 

[Michael Wechsler]

I'm not sure what to say since there are a lot of issues. Transferrance of the house may not be simple. Since your father died without a will, all of his assets may go through a probate proceeding to determine the division of the assets. The state will analyze the situation and a estate administrator will be appointed to deal with transferrance of estate property. I'm not sure how you can prove the "sale" of the house. Paying property taxes doesn't mean that any "sale" took place. Nor do payments made to a joint account held by all four of you.

I'm really not sure what weight your stepmother's testimony might be that the house should go to you. Are your siblings contesting the ownership of the house?

My understanding is that in order to establish a transfer of real estate, the burden is upon you of showing that such a transfer actually took place. That will likely require some proof in a signed writing. After all, while I'm not doubting your story, what should happen in the event someone else wrongfully claimed what you did? I'm sure that many similar claims happen often...

In summary, never have oral agreements for something important, especially not real estate.