In-laws are building addition on my home to care for father-in-law with dementia, do they have a right to do that?

4 answers | Last updated: Sep 17, 2016
A fellow caregiver asked...

In-laws want to put in their will that they are dividing the addition between their children. It is my home which the addition will be built upon and we will be main caregivers. Do they have a right to do that since its my land ?

Expert Answers

Your question is unclear to me. I gather (although I am not sure) that your in-laws will pay for an addition to your house. That addition will be used for housing for some member of the family who needs care. You and your wife (I assume that is the "we") will be the main caregivers.

If these are the facts, I think that your in-laws have no authority to control, by their wills, ownership rights to the addition. Unless you have transferred some portion of legal ownership to your in-laws by a deed, you and your wife remain the sole owners of the house.

Your in-laws certainly can leave their property however they want it. If they loaned you money to make the addition, they can leave the loan note to whoever they wish to. Plus they could leave more money to other family members than to you (and your wife), to offset the amount they paid for the addition. What they cannot do by their wills is to leave part of your house to somebody else.

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Community Answers

Help123 answered...

Thank you for your response. You are correct with your assumptions. The addition would be paid by the in-laws and we would be the main caregivers while other parent is working full time.

I agree whole-heartily with your post. We were under the same conclusions however my in-laws didn't understand how if they paid for the addition that they wouldn't just be able to divide up the addition to all of their children in their will.

Thanks again

Jimmymadison answered...

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Djclark answered...

My inlaws paid for an addition on our home and they currently live in it. What legal rights do they have? Nothing was in writing. They paid for the addition with their own money and now want me to repay them if I sell the house. (I don't plan on selling anytime soon) However we have nothing in writing. They have contacted an attorney and want a deed for the addition. I laughed and said the house is ours, not yours... Its a bad situation. I desperately need help!