I deeded half my house to my lesbian lover two years ago. She left me and wants half my house. Can I set aside the deed?

Asked about 1 year ago - East Hampton, NY

My health was bad and I was afraid she'd be left with no home. My intent was really to leave it to her upon my death, not while I'm alive. She left me. We were together only 4 years. We are both 73. She has another apt. where she lives now. She never helped me with the house or provided any help, cleaning or any consideration. Can I set aside the deed for fraud because she never gave me any consideration, and never fulfilled her promises to help with the house? For any other reason?

Attorney answers (7)

  1. Elan Wurtzel

    Contributor Level 10

    12

    Lawyers agree

    Answered . Those are really tough questions. If you voluntarily and of your own free will gifted a one-half interest in the property to your partner, you may not have the right to rescind the gift. If the transfer was conditioned on your partner performing services that weren't performed, you may have the potential right to attempt to rescind--but it could be extremely difficult to prove--especially if there's nothing in writing concerning promises/conditions, etc.... You should consult with a real estate litigator on this matter.

  2. Michael T Millar

    Pro

    Contributor Level 19

    9

    Lawyers agree

    Answered . I agree with Mr. Wurtzel. A gift once completed cannot be rescinded.

    If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education... more
  3. Eric Edward Rothstein

    Contributor Level 20

    9

    Lawyers agree

    Answered . Lack of consideration does not equal fraud. It sounds like you made a gift that you now regret. I don't think you can do anything but I suggest you have a consultation with a real estate lawyer.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was... more
  4. Jayson Lutzky

    Pro

    Contributor Level 20

    8

    Lawyers agree

    Answered . Once a gift is completed, then it is final. If there was fraud, then you have a shot. But no basis of fraud stated.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate... more
  5. Vincent J. Gallo

    Contributor Level 14

    7

    Lawyers agree

    1

    Answered . Seriously doubt it.

  6. Peter J Weinman

    Pro

    Contributor Level 17

    5

    Lawyers agree

    1

    Answered . Any chance she'll give it back? Ask nicely.

    NOTE: (1) I may be guessing and/or not even licensed in your state; (2) We have not established an attorney-client... more
  7. Edward Papa

    Contributor Level 11

    5

    Lawyers agree

    Answered . Sounds like a gift. I'll bet you saved a few hundred dollars drawing up this deed yourself. Too late now but an attorney would have been a good investment before handing over 1/2 your house.

    Legal disclaimer: Disclaimer: This answer does not constitute legal advice. I am admitted in the State of New York... more

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