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Forum -> DISCUSS ANYTHING & EVERYTHING: Money, Dating, Health, Internet, Legal, Jobs, People, Places and more -> LEGAL -> Ejectment case
Post Info TOPIC: Ejectment case
Anonymous

Date:
Ejectment case
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Would like to ask any legal view or experience the same problem encountered

 

1. A friend of mine is living for almost 30 years in her auntie house, from age 9 years old until today. (its like mother and son)

    He have contributed some improvement in the house as He already had worked and still living in the same roof. there was no lease or rent agreement

    Her auntie is  already in 80's but a misunderstanding erupt or family fued between the auntie and my friend due to third party the sister of her

    aunt would like to sell the house and Lot.

2.  Her aunt was convinced to sell the house and evict my friend with his family immediately despite the initial arrangement at the baran*** lupon that

     my friend needs ample time for relocation and agreed to vacate the house next year to wait for the summer for the kidz school.

3.  Her auntie is eager to file the case in court because her defense that she did not sign the baran*** settlement that was agreed. 

 

the question is,

What legal remedy or options that are available in the law for my friend to claim his right to due process, claim the cost of improvement and enough time

to look for house to transfer which they agreed until may 2013. ? they already establish residency and living in good faith.

 

Thank you and hope to hear from your point of view, by the way my friend have no money to take a lawyer.

Arvin

 

 

 

 

 

 



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Anonymous

Date:
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It sounds as if you might live in the USA.  It is very important to state where you live to know which jurisdiction/laws apply to you. I am trained in the law in the UNITED KINGDOM.  However, there are basic principles that will apply to you.  This problem can be split into two parts : First the ejection issue and Second, the loss of financial contributions to the upkeep of the fabric of the property.

 

First thing is, if your friend does not have any form of tenancy, i.e a rental or lease agreement to stay in the house, then there is very little that he can do to prevent the ejection.  However, dependent on the state where you live, there may be a law that puts the welfare of children paramount.  If this is the case, the court may well grant a short reprieve for him and the child(ren) to find accomodation, but this will not prevent ejection in the long term.

Secondly, if your friend can prove that he has spent monies on the house - this must not be on household bills, but actual improvements to bricks/mortar etc then the court may declare a CONSTRUCTIVE TRUST.  If this the case, then your friend may be able to recover monies to the value of his contribution plus a fair allowance for the increase in the value of the policy.  The bad news is that Equities and Trusts law is complex and is likely to generate a heft bill.

 

Jeff

 

 

 

 



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