# How can I have a house given to me? **URL:** \ **Category:** In My Humble Opinion\ **Created:** [December 19, 2017, 6:22pm UTC](https://boards.straightdope.com/t/how-can-i-have-a-house-given-to-me/804871 "2017-12-19T18:22:25Z")\ **Posts on this page:** 16\ **Page:** 3
**Author:** ![ratatoskK](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ratatoskk/32/2987_2.png) [@ratatoskK](https://boards.straightdope.com/u/ratatoskK)\ **Post date:** [December 20, 2017, 7:40pm UTC](https://boards.straightdope.com/t/how-can-i-have-a-house-given-to-me/804871/41 "2017-12-20T19:40:13Z")
I agree with Dag Otto about the special needs trust. ---
**Author:** ![Eva\_Luna](https://avatars.discourse-cdn.com/v4/letter/e/e495f1/32.png) [@Eva\_Luna](https://boards.straightdope.com/u/Eva_Luna)\ **Post date:** [December 20, 2017, 7:43pm UTC](https://boards.straightdope.com/t/how-can-i-have-a-house-given-to-me/804871/42 "2017-12-20T19:43:37Z")
> [@Johnny\_L.A](#): > > As for an attorney, she certainly can’t afford one. And I’m not in great financial condition this year. There may be a local nonprofit that will help with the legal formalities. Look up the local Legal Assistance Foundation; if they won’t take the case themselves, they normally have a referral list. A consultation normally runs a couple hundred bucks. It’s worth it to know your options for protecting a vital asset. ---
**Author:** ![Broomstick](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/broomstick/32/246_2.png) [@Broomstick](https://boards.straightdope.com/u/Broomstick)\ **Post date:** [December 20, 2017, 8:10pm UTC](https://boards.straightdope.com/t/how-can-i-have-a-house-given-to-me/804871/43 "2017-12-20T20:10:07Z")
Depending on how it’s done a consultation might not even be that much - first thing to do is find out your rights and what questions you should be asking for an issue, and that typically doesn’t take a very long time. Then you decide if you want to proceed with an attorney or if it’s something you can handle on your own. Seriously, though, even though an attorney costs money using one should save you trouble and money in the long run. ---
**Author:** ![elbows](https://avatars.discourse-cdn.com/v4/letter/e/b3f665/32.png) [@elbows](https://boards.straightdope.com/u/elbows)\ **Post date:** [December 20, 2017, 8:49pm UTC](https://boards.straightdope.com/t/how-can-i-have-a-house-given-to-me/804871/44 "2017-12-20T20:49:30Z")
I’d seriously question, that even if you accomplish your goal, through much expense and time, that it will stick. So a couple of months go by then Harpy reappears and worms her way back in, because these folks are pushovers, still. Now what? Install cameras and gather some solid indisputable evidence, then lay actual charges, and get a restraining order. Report every violation of it. That’s the path I’d choose. Good Luck! ---
**Author:** ![Colibri](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/colibri/32/1841_2.png) [@Colibri](https://boards.straightdope.com/u/Colibri)\ **Post date:** [December 20, 2017, 9:05pm UTC](https://boards.straightdope.com/t/how-can-i-have-a-house-given-to-me/804871/45 "2017-12-20T21:05:37Z")
> [@Bill\_Door](#): > > I don’t know what your family situation is, but I know a woman who gave her house to her adult son in order to avoid having it show as an asset for Medicaid purposes. The plan was for her to stay in the house until failing health forced her to enter a nursing home. > > She did it in plenty of time for the Medicaid five year look-back, but failed to foresee her son dying suddenly and her daughter-in-law inheriting the house. Mom ended up out on the street. > [@Dag\_Otto](#): > > IANAL, but I think you’ll need one to do this correctly. If sister is disabled, maybe the house could be placed in an irrevocable special needs trust with the terms of the trust explicitly stating who has the right to live there (to prevent future harpies) and evicting the current harpy. The Trust may also be a more secure way for ensuring the nephew is taken care of. And it can probably solve a bunch of issues that you may not be aware of. A lawyer who deals with estates and disabled people probably has a handful of ways of dealing with this. More than 10 years ago, at my mother’s insistence, we set up a family trust consisting of her six children and she turned the house over to us. There is a provision that she has the right to live there rent-free for the rest of her life. This was great foresight, since she now has dementia and we were able to secure care for her on Medicaid without losing the house. This was in New York. I don’t recall that there were any tax repercussions for us. ---
**Author:** ![DrCube](https://avatars.discourse-cdn.com/v4/letter/d/a3d4f5/32.png) [@DrCube](https://boards.straightdope.com/u/DrCube)\ **Post date:** [December 20, 2017, 9:59pm UTC](https://boards.straightdope.com/t/how-can-i-have-a-house-given-to-me/804871/46 "2017-12-20T21:59:39Z")
I figure, if Sister is such a pushover that she can’t stand up to evict the Harpy, certainly Harpy will see this coming a mile a way and browbeat her into not giving you the house. Can your sister keep this a secret? Does she have the capacity to deal with the paperwork, lawyers, and effort of gifting a house without getting “Husband” and Harpy involved with the decision making process? Basically, what happens when they find out and grind the whole process to a halt? ---
**Author:** ![watchwolf49](https://avatars.discourse-cdn.com/v4/letter/w/e9c0ed/32.png) [@watchwolf49](https://boards.straightdope.com/u/watchwolf49)\ **Post date:** [December 20, 2017, 11:07pm UTC](https://boards.straightdope.com/t/how-can-i-have-a-house-given-to-me/804871/47 "2017-12-20T23:07:11Z")
> [@puddleglum](#): > > You will have to determine if the person has contributed any money to the household. If they have then that could be construed as a rental agreement. If not then you can serve her with a notice to pay rent and she will have 3 days to comply. After that you will have to file an unlawful detainer suit against her and if you win that you can kick her out. You may be casting this as a squatters issue, which under California law is defined as someone who takes up residency _without_ permission … if the owner of the building notices right away, they might be able to get the police to chase the squatters off … but if the squatters have time to set up housekeeping, then the police won’t, the building owner has to give proper notice and file at the local court … here in Oregon this is a 24-hour notice, I don’t know what the time period is in California, it could well be 3 days … The OP sounds like a case where The Wench was invited in and was given permission to live there … that alone makes this a Landlord/Tenant issue, and whether rent is paid or not is immaterial to the 30 (or 60, or 90) day notice period … it doesn’t matter how evil she is, the Law requires she be given time to pack up and move her residence elsewhere … this is one of the reasons rents seem to be high, the landlord will anticipate these extra costs and add it to the rent, everybody has to pay for the misdeeds of a few … ---
**Author:** ![Wesley\_Clark](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/wesley_clark/32/20581_2.png) [@Wesley\_Clark](https://boards.straightdope.com/u/Wesley_Clark)\ **Post date:** [December 21, 2017, 12:07am UTC](https://boards.straightdope.com/t/how-can-i-have-a-house-given-to-me/804871/48 "2017-12-21T00:07:19Z")
can you set up cameras in the house so you have evidence of domestic violence? or is the violence too sporadic for that to work? ---
**Author:** ![j666](https://avatars.discourse-cdn.com/v4/letter/j/9de0a6/32.png) [@j666](https://boards.straightdope.com/u/j666)\ **Post date:** [December 21, 2017, 4:06am UTC](https://boards.straightdope.com/t/how-can-i-have-a-house-given-to-me/804871/49 "2017-12-21T04:06:06Z")
You probably want to put the house in a trust for which she is the beneficiary and you are the executor. You might need to have her legally declared incompetent. Warn her before hand, but do not ask for her consent. And move fast. It might be best to sell this house and buy another one. And, of course, you need a local lawyer, and must be prepared for your motives to be doubted. ---
**Author:** ![LSLGuy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lslguy/32/5813_2.png) [@LSLGuy](https://boards.straightdope.com/u/LSLGuy)\ **Post date:** [December 22, 2017, 3:50pm UTC](https://boards.straightdope.com/t/how-can-i-have-a-house-given-to-me/804871/50 "2017-12-22T15:50:02Z")
The OP mentions his sister’s “husband” (including the scare-quotes). Depending on what state this is and the legal connection between OP’s sis and this guy he may legally have a say in the disposition of the house. A trust is almost certainly the legal vehicle you want. Getting there via long distance while the leeches are firmly attached to your handicapped sis is a practical impossibility. You/she desperatelys need local intervention by local authorities. ---
**Author:** ![glowacks](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/glowacks/32/5548_2.png) [@glowacks](https://boards.straightdope.com/u/glowacks)\ **Post date:** [December 22, 2017, 9:40pm UTC](https://boards.straightdope.com/t/how-can-i-have-a-house-given-to-me/804871/51 "2017-12-22T21:40:03Z")
I will add more support to the idea that you want the house in a trust of some sort. Trusts allow the people with the legal power over property (the trustee/executor) to be different from the people who enjoy the fruits of the property (the beneficiaries). ---
**Author:** ![sbunny8](https://avatars.discourse-cdn.com/v4/letter/s/c77e96/32.png) [@sbunny8](https://boards.straightdope.com/u/sbunny8)\ **Post date:** [December 23, 2017, 9:19pm UTC](https://boards.straightdope.com/t/how-can-i-have-a-house-given-to-me/804871/52 "2017-12-23T21:19:16Z")
You definitely need to get a lawyer in her area. If your plan is to kick those bums out on their asses, you need to consider that the bums will likely fight back. They might even have a stronger claim on the house than you have. They have lived in the house for years without paying any rent. That’s an implied contract. They might successfully argue that kicking them out now would constitute a breach of contract. The state of California does not have common-law marriage but they do recognize that cohabitation is an implied contract and when romantic partners split one of them can sue for “palimony”. And, if your sister is deemed not competent to take care of herself, any contract you get her to sign might be voided on that basis. But even if these people were just total strangers who wandered into your sister’s house yesterday, you still face a hard slog at getting them evicted. If you call a locksmith and say “I wanna kick out my sister’s boyfriend”, it’s 95% sure that the locksmith will refuse the job.\* If you tell the locksmith “My sister wants to change the locks on her house”, the locksmith will take the job BUT if the boyfriend is there at the appointed time and the boyfriend says “I live here and I don’t want the locks changed”, the locksmith will walk away from the job, unless or until you can get an eviction notice served by the sherrif’s office (which will likely take two months). That’s the mess you’d be facing if he only showed up yesterday. Given that he’s been there for decades, you have a much bigger mess. Also consider how your sister is likely to react. After you kick out her air-quotes-husband, any time she feels lonely she’ll remember that you kicked him out and she’ll blame you for her loneliness. People who need help have a frustrating way of not taking help when it’s forced on them. You have to convince her that she needs help, and that will be a long hard slog. Make sure your sister has access to some good counseling, not just a psychiatrist who adjusts her meds every six months. Get her to talk about what she wants and ask them to hook her up with some kind of advocate. Ask what resources they have for abused spouses. But you also need to consider the fact that you might not be the hero in this story. And even if you **are** the hero, you might end up convincing everyone involved, including your sister, that you’re actually the villain. - The ALOA Technical Standards specify that locksmiths should decline a job where a dispute of authority is deemed likely to occur. Even if the locksmith is not an ALOA member, they will likely take this same attitude because they don’t want to be in the middle of a dispute. ---
**Author:** ![Johnny\_L.A](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/johnny_l.a/32/1084_2.png) [@Johnny\_L.A](https://boards.straightdope.com/u/Johnny_L.A)\ **Post date:** [March 3, 2018, 10:37pm UTC](https://boards.straightdope.com/t/how-can-i-have-a-house-given-to-me/804871/53 "2018-03-03T22:37:42Z")
UPDATE: We have not pursued putting me on the title, transferring the house etc. _BUT…_ My sister got an eviction notice for The Harpy. The Harpy is supposed to be _OUT!_ by 24 April. And ‘BIL’ now has a job. Sis’s social worker got him certified as my sister’s caregiver. He’s taken the class (much to his displeasure), had his fingerprints taken, and is now a mandatory reporter. Yeah, he complained, but if he’s taking care of my sister anyway, he may as well collect $11/hour for it. I still think he’s a dick, but maybe the extra money will help. ---
**Author:** ![Sunny\_Daze](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/sunny_daze/32/438_2.png) [@Sunny\_Daze](https://boards.straightdope.com/u/Sunny_Daze)\ **Post date:** [March 4, 2018, 12:41am UTC](https://boards.straightdope.com/t/how-can-i-have-a-house-given-to-me/804871/54 "2018-03-04T00:41:15Z")
Progress. This is good news. I hope it goes smoothly. ---
**Author:** ![drachillix](https://avatars.discourse-cdn.com/v4/letter/d/48db29/32.png) [@drachillix](https://boards.straightdope.com/u/drachillix)\ **Post date:** [March 4, 2018, 12:58am UTC](https://boards.straightdope.com/t/how-can-i-have-a-house-given-to-me/804871/55 "2018-03-04T00:58:45Z")
> [@LSLGuy](#): > > The OP mentions his sister’s “husband” (including the scare-quotes). > > Depending on what state this is and the legal connection between OP’s sis and this guy he may legally have a say in the disposition of the house. > > A trust is almost certainly the legal vehicle you want. Getting there via long distance while the leeches are firmly attached to your handicapped sis is a practical impossibility. You/she desperatelys need local intervention by local authorities. My mother has a similar setup to what **colibri** mentioned. another couple concerns the “husband”. Are they actually married? Were they married before she got the house? If they acquired the house after marriage this could get REALLY expensive. that the “husband” also needs to lay down the law with the niece. If he is unwilling to side with his wife, the “husband” may need to be served with “divorce” papers as well. ---
**Author:** ![Johnny\_L.A](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/johnny_l.a/32/1084_2.png) [@Johnny\_L.A](https://boards.straightdope.com/u/Johnny_L.A)\ **Post date:** [March 4, 2018, 1:09am UTC](https://boards.straightdope.com/t/how-can-i-have-a-house-given-to-me/804871/56 "2018-03-04T01:09:06Z")
They’re not married, and California is not a common-law state. [Previous page](https://boards.straightdope.com/t/how-can-i-have-a-house-given-to-me/804871.md?page=2)