Family/Real estate Question

[wantid2]

Approx 4 1/2 years ago my mother and I entered into a verbal agreement and purchased a home together. Being two single females working for the state of california..it just made more sense than maintaining two residences. Mother made the initial down payment, and title was placed in her name for tax purposes. It was the agreement that all household month to month expenses would be split evenly.(We have a ledger showing this back to the time we moved into the home)It was agreed later (near her retirement date) we would change the title into my name, just before her retirement. Then I could carry the tax base with deductions and such. I am 44 and have a few years to go until retirement, she is looking at another year or so. As you can see this was done for tax purposes. In the past year she has taken it upon herself to replace the furnace, have the outside of the home painted, as well as re-roof the home. These items needed to be done, not right away however. In doing these I was not consulted as to whom or price. And she hasnt asked for half of the price for these things to be done. Also her income is that she makes more money than I do. The big problem however is that recently I have entered into a relationship that she does not approve of.
She will not give me reason why, nor has she even met this person.
She has threatened that if I bring this person into the home she will evict me, and state that I have been a renter all of this time rather than a co-owner. I tried to talk to her but she says it is her home and her name is on the title and as owner she can do what she wants.

What recourse do I have without my name on the title?

 

[Always searching]

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[This message has been edited by Always searching (edited October 14, 2000).]

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by wantid2:
Approx 4 1/2 years ago my mother and I entered into a verbal agreement and purchased a home together. Being two single females working for the state of california..it just made more sense than maintaining two residences. Mother made the initial down payment, and title was placed in her name for tax purposes. It was the agreement that all household month to month expenses would be split evenly.(We have a ledger showing this back to the time we moved into the home)It was agreed later (near her retirement date) we would change the title into my name, just before her retirement. Then I could carry the tax base with deductions and such. I am 44 and have a few years to go until retirement, she is looking at another year or so. As you can see this was done for tax purposes. In the past year she has taken it upon herself to replace the furnace, have the outside of the home painted, as well as re-roof the home. These items needed to be done, not right away however. In doing these I was not consulted as to whom or price. And she hasnt asked for half of the price for these things to be done. Also her income is that she makes more money than I do. The big problem however is that recently I have entered into a relationship that she does not approve of.
She will not give me reason why, nor has she even met this person.
She has threatened that if I bring this person into the home she will evict me, and state that I have been a renter all of this time rather than a co-owner. I tried to talk to her but she says it is her home and her name is on the title and as owner she can do what she wants.

What recourse do I have without my name on the title?<HR></BLOCKQUOTE>

At the request of always searching......
My response: You probably know this already but here it is. Due to the fact that your Mother has legal title, she can call the shots. She can hire anybody she wants to and complete any type of project on the property without your approval. And without asking for reimbursement of half or any of the cost. She can even sell the home or transfer her interest to someone else without you knowing.
Even if you are not on title, you can still claim an equity interest in the property. This is done via proving your contribution into the property ie. later downpayment or payment to mortgage principal and interest, your qualification and co-signor on the loan, your contribution on monthly expenses (from your ledger), any sweat equity etc. Hopefully your contributions are those that an owner would pay for rather than a tenant. Example: if you paid half the cost of utilities such as water, gas, electric, telephone and cable: these would be considered normal living and tenant type expenses. Expenses that would give you an owners equity position would be mortgage payments, real property taxes, homeowners insurance, landscaping, and improvements to the property such as repairs, renovation, remodeling, painting, flooring etc. These would be improvements that tenants would not do or pay for.