My mother and father inherited my brothers new home after he passed away. My mother has been making the mortgage payments ever since. Now my father is talking about wanting out of the relationship. He says that he will leave and come back after a month or so to sell the house so he can have his share (half). My mother does not want to sell the home mainly because of the sentimental value shes been holding on to. Does anyone have any legal advice for my mother and I? My father does not pay any of the mortgage payments. He gets social security and only gives my mother 200 bucks a month. Is he entitled for half? What should my mother do? Thanks for your time!!!
2006-12-04 05:29:54 · 13 answers · asked by Butterfly Kisses 1 in Family & Relationships ➔ Marriage & Divorce
although he may not be making any payments, if the home was willed to your mother and father, they each own half of the house. even if he does not live there a court will consider it community property. if he wants to sell it and she does not he can petition the sale of the property in a divorce proceeding. if your mother contests the sale a judge will hear the case and he will determine whether or not it should be sold. your father cannot come back in a month and just put a for sale sign on the property if your mother is vested 50%. if both of their names are on the property it will come down to a final decision by a judge. the only other option she has is to buy him out. or take 50% of the equity(which he would be entitled to at a sale) out of the house and give it to him contingent on him signing a contract stating he has received 50% and therefore would be entitled to nothing else.
2006-12-04 05:37:56 · answer #1 · answered by ABC 3 · 0⤊ 0⤋
It depends on the laws in your state, but generally speaking the couple splits all of the assets of the marriage 50/50. There are sometimes, a few loop-holes that can allow you to keep gifts, inheritances and that sort of thing ... but you need a lawyer to work on those issues for you and your mom. My suggestion to your mom is ... if dad is talking about splitting the scene, have your mom call a lawyer and get the divorce filed before he leaves. When all is said and done, the Judge will make a decision about property division based on information both of your parents provide. Your mom will need to prove that the house was left to her and that she has been making the payments if she wants any chance to keep your brother's house. The Judge could order your mom to pay your dad for 1/2 the value of the home, or the Judge could order the home be sold to split the profits. Best bet is to call a lawyer in your area and talk with them. If your mom needs help to pay for a lawyer, contact your state's legal aide office and/or the state bar association for a reference to a lawyer in your area that will work for reduced rates. Good luck!
2006-12-04 13:38:14 · answer #2 · answered by kc_warpaint 5 · 0⤊ 0⤋
If the will stated that it was given to both parents then if one of them wants to sell it then they have that option and then the money would be split in half after the sale and the remaining mortgage was payed off. Really your mom does have an option if she can afford it take a second mortgage out on the house give the dad the money and tell him to take a hike. Tell her to consult a lawyer ASAP.
2006-12-04 18:41:20 · answer #3 · answered by Livinrawguy 7 · 0⤊ 0⤋
If both names are on the deed, he is entitled to half. Even if only your mother's name is on the deed, he could still be entitled to half. Nothing should be done with the house until the divorce is final. Once that happens, your mother can sell the house and take her half or she can buy your dad's half.
In a married couple, any money anyone earns belongs equally to both.
Your mother needs to get a divorce lawyer NOW.
2006-12-04 13:34:15 · answer #4 · answered by Phoenix, Wise Guru 7 · 0⤊ 0⤋
Your mom can "buy him out" . Basically, have an appraiser give you the value of the house, then split the value in half minus the mortgage payments that she has paid. Then your mom would take the contract and her new loan information it to a title or escrow company and they would put the deed in her name after the transaction was complete. Good luck.
2006-12-04 13:35:59 · answer #5 · answered by redbeansandrice 3 · 0⤊ 0⤋
Buy his half from him. So your parents were not a couple through out there life together? Your father had always received SSI? You mother gets $200 bucks a month for play money? Cool!
I take it your mother has a job, has always worked supporting your father?
There are two sides to every story.....What is your fathers side of the story? This is obviously your mothers side....
2006-12-04 13:36:04 · answer #6 · answered by Anonymous · 0⤊ 0⤋
If the son willed this home to both of them then it is to be considered co-owned with a 50/50 ownership regardless of who is paying. Assuming your parents live in a community property state this will be pretty cut and dry in a divorce. Of course, the best answer is to seek the advice of an attorney.
2006-12-04 13:34:06 · answer #7 · answered by Letsee 4 · 0⤊ 0⤋
Yeah, property and assets acquired while you are married are split. Your mother has little choice but to sell or purchase his half from him. Divorce is ugly. Most of the time men get screwed financially. This is one of the few instances when it sounds like the woman is. sorry.
2006-12-04 13:34:45 · answer #8 · answered by Anonymous · 0⤊ 0⤋
marriage or no marriage that is solely your mothers house, for the simple fact that she has been paying the mortgage. where does your dad get off on telling your mom to sell the house.
2006-12-04 13:35:02 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Tell Her To Call A Good Lawyer.
2006-12-04 13:38:19 · answer #10 · answered by bob r 4 · 0⤊ 0⤋