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Mother In Law Offered Down Payment And Use Of Her Credit To Buy A Home As Wedding Gift. After 14 Years, She Is Evicting Me. California

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After my husband and I announced our engagement in 2011, his mother offered to help us buy our first home. The agreement was that she would pay the down payment and get the home in her name as she had great credit, my husband and I would pay the mortgage and taxes and when we were able to secure refinancing in our names, she would sign the house over to us. This was presented as a wedding gift.

I spent several months working with a realtor and finally found a home that fit out budget and was in a town near to our jobs. We ended up signing a "lease agreement" because without it, we were unable to get utilities or insurance in our names. She has done little to no maintenence or repairs to this 100 year old house (aside from helping us out once with a plumbing issue we couldn't afford at the time). I was responsible for anything that broke in the home, even appliances required to be provided such as stoves, refrigerators, heating systems etc. because she said we were only renters on paper.

A few years back, I was able to secure financing and was ready to proceed with the transfer. I even offered to not only repay her for the down payment, but also give her a share of the equity, even though that was not part of the original agreement. The house was purchased for around $100k and was estimated to be worth around $600k at that time. She originally said she would sign over ownership as soon as I was able to obtain financing that would pay off the remaining mortgage which she said was around 40k.

She kept changing her story, saying she already paid it off in full, then she said she didn't. Just kept giving me the run around. I finally just stopped trying as it was infuriating and time consuming and I was dealing with my husband's mental health and addiction issues.

So we come to today. I have been making good faith payments on a home I was told would be mine for almost 14 years. My husband and I are now getting divorced. She has filed eviction papers against me alleging non payment of rent. I have proof that payments were made during the time she is claiming they weren't. My husband is now telling me that back when I tried to refinance, his mom put the house into a family trust with the stipulation that he would be allowed to live here as long as he lived. I have never seen this trust or truly know what it says.

Do I have any case against her or my husband for the investment and maintence I have put in or the equity that has accrued? We would have been able to purchase our own home within a few years of our marriage without any help from her, but based on her assurances, I have instead basically bought a house for her and she stands to profit around $500k. At this point I believe she and my husband planned this from the beginning and he has admitted that to me.

There is a lot more to this, but this post is already so long. I'm happy to answer questions or provide more info if needed.

submitted by /u/harmskinny
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