If your Mother's house is in the deed??

Question

If my Mother's name is in the deed, but I'm the primary borrower on the mortgage, can I sell with no problems from her? Don't worry, I'm not trying to kick her out of her home. My Family is growing and she refuses to go live in a larger home, mainly because she knows that the other home will not be in her name but in me and my wive's. She's been refusing to sell, but I just found out that I'm the main borrower. My wife and two kids are sleeping in the same room and she doesn't seem to understand that we can't keep living like this. Please help.

By the way, MY name is not Jess. lol.

My Mother is not paying for this mortgage I AM. She doesn't care about equity, she just wants control over the whole situation.

Answer 1

not only can you not do anything if you are not on the deed, if your mother does decided to sell, all proceeds will be issued in a check to your mother a lawyer will not release funds to you over your mother

better start working with mom, she has every right not to want to loose her equity in a house, turn it over to you then have no equity in the new house


side note: of course she has control, it sounds like she is the sole person on the deed, if such she has complete control the fact that you have a note on the place is immaterial in the court eyes as to who has right full ownership of the house

at this point you have no right to any part of the proceeds of the sale of the house and at this point would not get a dime

you may try as suit in court of equity claiming that since you have been paying the note and building equity in the place you are entitled to a portion of the equity in the place, but that will require a court hearing and order to wit if she is sole name on the deed can legally kick you out of the house during this court process

Answer 2

You do own the house, not just the mortgage.

The warranty deed has your name AND your mother's name on it. It's not likely it specifies portions, so you both own the place equally. The name on the mortgage has nothing to do with who owns the house, except I'd have to have my name on the mortgage of a house I didn't own.

I feel your pain, but unless you're joint tenants (which is what I would expect you to be) AND willing to go to court with a partition suit, you're out of luck.

Where do you sleep?

Hold on...I might have misunderstood. Is your mother the sole owner, and you are the sole borrower? If so, that was a bad idea.

Answer 3

Your mom's signature is required to transfer the deed.

As an aside, you didn't mention if your mother is the sole owner, but a joint tenant (i.e. a legal co-owner of the home) can force a partition sale, whether your mom approves or not. This would be a last resort. To partition the property, a co-owner must file a lawsuit. The court will order the home sold, and the proceeds, after expenses and encumbrances are paid, will be split among the co-owners. If you need to do this, I guarantee there will be a giant rift in the family for years to come.

Answer 4

Sorry, if she is on the deed, she needs to sign it to sell the house. Who is on the mortgage doesn't matter a bit when it comes to selling. If the deed is to Joe Blow and Mother Jane Doe, then Joe Blow and Jane Doe both have to sign, as do the spouses of both, since they have marital interest in the property. So, at the sale of the house, you, your wife, your mother and her spouse if she has one, all need to sign.

Answer 5

Sorry , u do not own the house.
u own a mortgage. not the house.
consult a lawyer ur going to have a mess on ur hands.
Now if u and mom are on deed u can force the sale. where she has to buy u out.