Joint Tenants for 5 yrs. Is 50% mine if sold?

[stacygeorgia]

What is the name of your state? ca My mother added me to the deed of her home about 5 years ago because I was paying about 80% of the mortgage payment for a few years. The deed is Joint Tendancy. There has been a falling out between us and I want to move. The only way I can afford a house for my children is by selling our current home. She says that I am not entitled to any of the value. Any advice would be great. I just want to know if I "Force the sale" of the home if I am entitled to any part of it. She has no way of buying me out.

[LindaP777]

WOW! (The term "heartless" comes to mind.) You wouldn't consider paying only 80% of the mortgage for 5 years to be "rent" while you lived there?
Anyway, it appears that you are 1/2 owner. If you "force" the sale of the house, after a couple of years and lawyers fees, and a judges ruling, yes, you will get half of the equity.
To bad your mother thought she was doing a good thing, not only letting you live there, but putting you on the deed. Looks like her kindness is now going to bite her in the butt!

[stacygeorgia]

Originally Posted by stacygeorgia

What is the name of your state? ca My mother added me to the deed of her home about 5 years ago because I was paying about 80% of the mortgage payment for a few years. The deed is Joint Tendancy. There has been a falling out between us and I want to move. The only way I can afford a house for my children is by selling our current home. She says that I am not entitled to any of the value. Any advice would be great. I just want to know if I "Force the sale" of the home if I am entitled to any part of it. She has no way of buying me out.

It may seem heartless but you dont know the situation. I have a serverely disabled child who is her grandchild and I am a single mother who gets no child support. I have no ways of working since my son can never be left alone. I just need the means to buy a home. With the ssi and IHSS I get I have been able to let her keep the house without her working. She is a alcholic and just got a DUI and want to to help her pay for all the fees she has to pay. That is why I need to leave to get away from the alcholic. I just wanted some advice becasue im not sure what to do. My son has a terminal illness, he is 14. Any other advice would be great.

[seniorjudge]

You hire a lawyer.

There is a partition suit.

The court will sell the land on the courthouse steps.

Let's say the place is worth $100K.

$80 is owed on it.

After you pay your lawyer and she pays hers, if anything is left, you get your part and she gets her part.

In the above scenario, it would be a couple of thousand each.

That is, if everything goes as planned and there are no hitches.

In your case, I would suggest you NOT try deeding your half because you would break the joint tenancy. Then someone sues ma and gets her half; now someone (who bought your half) and the person who got ma's half are tenants.

In other words, you have a complicated mess and you need legal help yesterday.

[LindaP777]

And time. It would take minimally 6 months and as long as a couple of years (just a guess).

[stacygeorgia]

Originally Posted by seniorjudge

You hire a lawyer.

There is a partition suit.

The court will sell the land on the courthouse steps.

Let's say the place is worth $100K.

$80 is owed on it.

After you pay your lawyer and she pays hers, if anything is left, you get your part and she gets her part.

In the above scenario, it would be a couple of thousand each.

That is, if everything goes as planned and there are no hitches.

In your case, I would suggest you NOT try deeding your half because you would break the joint tenancy. Then someone sues ma and gets her half; now someone (who bought your half) and the person who got ma's half are tenants.

In other words, you have a complicated mess and you need legal help yesterday.

Thanks, I was just told by someone that since I have only been on the deed for 5 years and she has owned the home for 20 years or so, that no judge will see it that I own 1/2? Then someone else said a deed is a deed and I am joint tendants so I do own 1/2. What do you think of that? Yes I know I need a lawyer yesterday.

[seniorjudge]

Originally Posted by stacygeorgia

Thanks, I was just told by someone that since I have only been on the deed for 5 years and she has owned the home for 20 years or so, that no judge will see it that I own 1/2? Then someone else said a deed is a deed and I am joint tendants so I do own 1/2. What do you think of that? Yes I know I need a lawyer yesterday.

As a joint tenant, you own an undivided one-half interest in the land. Period. End of story. Even if.

BUT (there's always a but)

courts will often do equity (think "justice").

For example, if you owned your half for five years and contributed $10K to the place and ma owned it for 20 years and has paid in $100K on it, then the court may very well take that into consideration in deciding who gets what.

[BoredAtty]

Originally Posted by seniorjudge

courts will often do equity (think "justice").

For example, if you owned your half for five years and contributed $10K to the place and ma owned it for 20 years and has paid in $100K on it, then the court may very well take that into consideration in deciding who gets what.

But only if an injustice prompts the judge to do so. A judge wouldn't do that just because Mom changed her mind about giving the OP half the house. If the OP swindled the mother out of the house, then the judge may do so.

[seniorjudge]

Originally Posted by BoredAtty

But only if an injustice prompts the judge to do so. A judge wouldn't do that just because Mom changed her mind about giving the OP half the house. If the OP swindled the mother out of the house, then the judge may do so.

Agreed.

Never count on justice.

Hope for mercy.

[stacygeorgia]

Swindled**************do you mean like tricked? What is all comes down to, its a unhealthy place to raise my kids. Everyday, I mean everyday there is something happend regarding her or a realtive being drunk. Her brother lives in the garage and is a servere alcoholic. It all comes down to I need to leave this home for the best interested of my children. So I am hoping that a judge wont think that at swindling.