When I was nineteen, my mother and her husband purchased a house in my name (they both had wrecked credit). I was basically told "If you're living at home, it's the least you can do." I moved out two years ago to get married, and last year I convinced them to move into a smaller house so my wife and I could take this one (we couldn't get financed on anything else because of this house being on my credit report). Now, my mother's husband has decided to change his mind. He claims that "I paid bills on the house (it was financed) for seven years! I have legal right!" My thought is "The house is in my name, and I have the shoddy credit to prove it. He lost any rights when he moved out." Does he legally have any rights to the house? All financing is in my name alone.
2007-03-07 04:05:50 · 11 answers · asked by Daniel 1 in Politics & Government ➔ Law & Ethics
If your name is on the mortgage and the house is in your name, you own it. If your mother's husband (I assume by your choice of words that he is not your father) tries to claim ownership because of paying the bills, you can counterclaim that those bills were legal rent. He would have to take you to court to get the house. If that happens, most likely a judge would give him some credit for rent due to the fact that you were living in the house at time of purchase. You had better check your mother's will and you should check your wife's will. If you and your mom's husband don't get along and she dies, if her will doesn't name you specifically, her husband gets everything and you get nothing. You should absolutely consult with a lawyer and ensure that everything is as you believe it is. You should ensure that the mortgage is paid every month and you should ensure that the deed is registered in your name and that a lien is not registered on the house.
2007-03-07 04:15:43 · answer #1 · answered by MH/Citizens Protecting Rights! 5 · 0⤊ 0⤋
You seem to have quite a dilemma there, in that you are unable to move into the original house due to family issues, yet are unable to purchase a new one due to credit reasons. You mentioned shoddy credit preventing you from buying a new house, is this due to missed payments on the mortgage, or being maxed out on your credit due to current mortgage payments? If it is due to maxed out credit, you still have a couple of options.
First, if you are unable to come to terms with current arrangements as they are, would your folks be willing to refinance the house in their name? They may have had credit problems in the past, but if it has been several years since, they may be able to get a loan approved now. This will free up your credit so you and your wife can buy a new home.
Next, if the above doesn't work, would all parties consider selling the first house, and use the money from the sale to buy a new house for the parents? A significant down payment should help in garnering a new loan for them for the remainder of the new house, plus free up your credit so you can buy a house too.
Last, if neither of the above work, perhaps you and your folks need to meet with a credit counselor to see what other options would be available. Keep things calm and don't let tempers flare. I doubt that you'd want to see your folks homeless out in the cold, and I doubt that they'd want to prevent you from starting a life with your new wife.
2007-03-07 04:54:15 · answer #2 · answered by Wee Bit Naughty 3 · 0⤊ 0⤋
The statute of frauds requires all contracts involving real estate to be in writing. I assume you don't have such a thing with your mother's husband. I also assume the note is in your name. He made payments on your house, but lived there with your mother and you. He could try and make a claim that you held it in trust for him, but I don't believe that to be a good argument, since there is nothing written about that, and since he'd have to basically claim that this was scheme to defraud a creditor.
Put it on the market for sale. If he doesn't have any credit he probably can't hire a lawyer either. Take the equity, get a new house, and be done with it.
2007-03-07 05:07:22 · answer #3 · answered by webned 6 · 0⤊ 0⤋
Leave your mom and dad alone with the house.
Buy your own home with your new wife and start living a life with her. Think in terms of what is right as a son, not as a litigant in any court proceedings.
2007-03-07 04:11:57 · answer #4 · answered by marnefirstinfantry 5 · 0⤊ 1⤋
If they were still living there, they could have said you abandoned the property & could've gotten a judge to give them your house. If they moved out, you can say you treated it as a landlord/ tennant situation. Unless they have a written agreement stating otherwise, you should be okay.
2007-03-07 04:12:42 · answer #5 · answered by Roland'sMommy 6 · 0⤊ 0⤋
In order for him to claim the house he must also say that he and your mom were defruading the fianance company. I don't think they want to do that. It is now their loss, but you should offer to pay a reasonable amount. keeping in mind that they would have had to pay rent som where . But know means is it their house. Good luck.
2007-03-07 04:41:17 · answer #6 · answered by Toolegit 5 · 0⤊ 0⤋
It is your house in the eyes of the law and most importantly the mortgage company. You are the only one who has any legal claim or authority.
2007-03-07 04:10:04 · answer #7 · answered by Anonymous · 2⤊ 0⤋
he may have a case if he comes up with the cancelled checks to prove he has paid, but you could say he was renting - are their names on the deed because you can have only your name on the loan, but their names on the deed also. you might want to find that out.
2007-03-07 04:12:21 · answer #8 · answered by kelbean 4 · 1⤊ 0⤋
Legal owner but not justified one.
2007-03-07 07:37:03 · answer #9 · answered by Anonymous · 0⤊ 0⤋
yes ,as long as you have your taxes paid and your receipts,
2007-03-07 04:49:26 · answer #10 · answered by timmsr 2 · 0⤊ 0⤋