If your father paid for your house but it is deeded in your name can he put a lien on the house now to get his money back?

Answer 1

That depends on what other contractual arangements might have been made. The deed does prove ownership. However, in some states if you had a verbal agreement for repayment and your father can prove it, he can collect his money. And obviously if you have any agreement in writing concerning the property, he can indeed place a lien on it.

A lien can be put on a home voluntarily as in a mortgage or trust deed, or involuntarily, as from a lawsuit or mechanics lien.

If your father wants to put a lien on your house he must get a legal judgment from a court to do so. He may be able to put a preliminary notice of a lien pending prior to winning a judgment, but he will have to file a suit in most places to do so. In the application for a preliminary lien, he will have to show evidence that there is a good chance he will prevail in the lawsuit. Otherwise he must sue, win his case,get his judgment and THEN he can file the lien and try to collect on it. If you file a homestead he may not be able to collect it.

Most states require all deals regarding real estate titles to be in writing. This is called the statute of frauds. (because many frauds can be done if they are not in writing)

So he best have a writing to show you bought the house, or else he will not win the suit. If it was a gift, then it is yours to keep and he cannot get it back. So he cannot have it both ways.

But if he just used your name to buy it so you could hold it for him in trust, and he can prove it, then you may lose and he will get his title from you. or his money. A lot will depend on the facts and of course what evidence can be brought to prove the facts. You should get an attorney to defend you as this is very complicated.