Help! my rotten mother is trying to steal my home! Can she?

Question

Like fools, my husband and I were convinced by my mother who was recently divorced and had no where to go that we should sale our small home and buy a new big home that would accomodate her moving in with us. We didn't really want to as, the house we had was small, but very affordable, but she's my mom and I felt bad for her.So She gave us $20k and we bought a bigger home. Now, 6 months later it is not working out to say the least, our one condition of her living with us was that her ex-husband who is a drug addict & a criminal was never allowed to be in my home. She told me he moved to the east coast & he was gone.I was suspicious cuz things in my home appered to be tampered with.I installed surveillance cameras & caught him in my home.Now I am having her evicted but she is syaing she owns 1/3 of this house.I am giving her $20K back no problem, but she really thinks she owns a 1/3.Her name is on nothing and we have no contracts or writen agreements.Does she have a case?

Answer 1

Give her money back in the form of a cashier's check, NEVER cash. If at all possible, have your attorney handle it for you. Since she has no documents proving her alledged ownership of your house, she really only has the 20K coming to her. BUT, if she gave you the 20K as a GIFT, then it's her tough luck. Save the video tape, and change the locks on the doors. Don't trust her or her boyfriend. If necessary to add more protection for yourselves, have a restraining order issued to her and her boyfriend. Sorry to have such a bad situation happen to you, but it takes all kinds of people to make this world. Good luck.

Answer 2

It is a good thing that you mom is not on title with you, therefore she does not have a claim in that sense. She did give you 20K to purchase the house, so with a good attorney she could possibly assert some type of a claim because of the money. I would consult with an attorney that specializes in Real Estate matters to determine you next move. Make sure you choose an attorney that has some experience in R.E. matters, it makes a big difference. And who knows it might work out to your benefit in the end. You bought a larger house and have probably seen growth in the value. You might be able sell it, give her some money, buy a smaller place for you & your hubby and end up with a lesser total obligation than you started with before mom came along. Good Luck!!

Answer 3

Since there is no written contract and assuming the house is under your name you don’t have to give anything back to your mom. I don’t think you even have to give back her 20k, unless she can prove in court that you guys came up with a verbal agreement (which is hard to prove). To be fair you should give back her 20k plus a cut in any value the house may have gained (most likely not much since it’s only been 6 months). Although, there are a lot of different laws that you have follow if you want to evict someone from your property.

Answer 4

Sorry sweetie if she has anything that shows she gave you the money just before you and the husband bought the new house she may have a case, but if you pay her back the money before she gets an attorney then it can show the courts that all it was, was a loan for the buying of it and she has no claim of rights to this home.

Answer 5

She gave you the money to buy the house . She didn`t specify that she wanted a 1/3 ownership in the house ! The 20,000 was for allowing her to live with you ONLY !

I don`t see why you can`t have her evicted , charge her rent for the time she`s been there , and refund the difference to her . You may or may not haqve to refund her the difference because she broke the verbal CONTRACT that her ex would not be allowed in the house .

Save the surveillance tape for future reference , in case it goes to court !

Answer 6

I am not an attorney; however, I believe it is safe to say once you give her the money back you can put her ish on the side of the road and kick her out. I believe she would have a case if you did not pay her back. She has no legal rights to your house; however, the money may be an issue. Hurry up and give her the money back and if possible, get a restraining order or something on the ex-husband so that he cannot enter your house.

Answer 7

If her name is not on the mortgage and you give her the money back, then there is absolutely nothing she can do about it. Honestly, I doubt you even have to give her the money back. She can't prove it wasn't just a gift, unless you signed some kind of agreement, which you didn't. Still, I would give her the $20,000 to shut her up, keep MY house, and never speak to her again. If you want to play it safe, give an attorney a call. Sorry your mom is such a pain. I have a dad that is the same way. Haven't talked to him in seven years because of it. Good luck!

Answer 8

Pay her her $20K plus a little interest and ask her to leave!! If her name is NOT on the mortgage papers she has NO right to the house!!! If her name IS there -- get yourself a REALLY GOOD Attorney!!!

Just noticed that you stated her name appears no where on any paperwork -- she has no case!!! Especially, since you made that stiputation about her ex, and things are being tampered with and you HAVE proof on TAPE!!! Put those tapes in a safe deposit box -- you may need them!!!!

Answer 9

I dont know about 1/3 but if she has proof that she gave you $20K for the deposit, there could be a problem.
if you have enough money in your bank and you claim at the court that she gave you that money for living in the house, not to buy the house, and there is no proof that $20K was included in the deposit, I dont think you'll have a problem because she's not on the deed.
get a good lawyer and ask this same question.

Answer 10

She could get a lawyer but it will be a bit waste of time. The only way she could give you any trouble is if she legally has a vested interest in the property. If she is not on the title, then she has no right to it, even if she is your mother. Don't sweat it.