• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Real estate/mother in law

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

W

weasel3

Guest
What is the name of your state? CA
I have been married to my husband 4 years and together 7.
Prior to our marriage he owned a condo with his mother.
Since or marriage he wanted to refinance so he could pay off indebtedness. Because his mother is retired she was not considered to qualify for a refinance, so he and I refinanced it in our names. She was told what was going on and the reasons why but now she claims she didn't realize that I was included in the transaction. She lives in the condo and pays only 400. of a 1,245. payment. She refused to pay any more. We pay the rest.
She is incenced that I am a co owner of the property. She wants my husband to put her back on the deed to the property. I do not want to be left holding the bag if something should happen to my husband. I want to know what it means exactly if you are on the deed but not on the loan. What rights does she have being put back on the deed. Can we even do such a thing. The property is mortgaged. Her fear is that should my husband die I will take everthing and leave her out in the cold. Well the reality is that things would change not just for her but for me as well and she should not think that I could support her as my husband has. I would want to sell it and give her some money and get out from under the responsibility. My husband and I own another condo which he and I and my two childern live. My mother inlaw will hang on to the condo until forced to leave and or I go broke.
My husband is ready to put her name back on it just to please her I think it is a disaterous idea.
 


HomeGuru

Senior Member
I don't see a problem deeding Mom a 25% interest in the property.
But check your mortgage to see if there is a due on sale or due on transfer clause. If there is such a clause, any transfer of interest in the property could trigger the clause and the lender could call the loan due. The lender could give a waiver if the deed transfer involves relatives.
The best thing to do though would be to set up a trust and put the property in trust with you, husband and Mom as beneficiaries.
Consult with an estate/trust attorney.
 
W

weasel3

Guest
real estate/mother in law

Thanks,
What responsibility does a person on deed, but not on the loan have. What power does it give that person?
 

HomeGuru

Senior Member
Re: real estate/mother in law

weasel3 said:
Thanks,
What responsibility does a person on deed, but not on the loan have. What power does it give that person?
**A: all power that comes with being a property owner with no mortgage liability.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top