Trouble with Mom

[Abe-Frohman]

North Carolina

Hello, all. My situation is as follows:

I purchased a home roughly 8 years ago in NC. The mortgage/deed is in my name. My mother has been living with me in this home the entire time. During this time I have been the primary bread winner (full-time employed), while my mother has worked sporadically and been on worker's comp. Payments for the mortgage and utilities have come out of a shared bank account owned by my mother and I.

I recently married and would like to sell the home. My mother expects to live in the home rent free and has alluded to the fact that she won't leave unless she gets her share. My husband and I have offered to help her move into a new place (renting to her is not an option, you'd understand why if you knew my mother).

All that being said; does my mother have any legal ground to stand on claiming that part of the home is hers (or she's owed money) because the home payments came from a joint account?

Thanks!

 

[LdiJ]

North Carolina

Hello, all. My situation is as follows:

I purchased a home roughly 8 years ago in NC. The mortgage/deed is in my name. My mother has been living with me in this home the entire time. During this time I have been the primary bread winner (full-time employed), while my mother has worked sporadically and been on worker's comp. Payments for the mortgage and utilities have come out of a shared bank account owned by my mother and I.

I recently married and would like to sell the home. My mother expects to live in the home rent free and has alluded to the fact that she won't leave unless she gets her share. My husband and I have offered to help her move into a new place (renting to her is not an option, you'd understand why if you knew my mother).

All that being said; does my mother have any legal ground to stand on claiming that part of the home is hers (or she's owed money) because the home payments came from a joint account?

Thanks!

Why did you have a shared bank account? Whose money actually made the house payments? You kind of danced around that issue. She doesn't share in the ownership of the home but she might be able to make a case for being due some money depending on the nitty gritty details.

 

[Abe-Frohman]

@LdiJ - Thanks for the response. The account set up was due to me being an uneducated teenager. Anywhere from 75-80% of my paychecks were used for all bills (including mortgage, HOA, insurance, etc.) - whatever was remaining from those checks was left in that account that she had complete control over. When I separated our finances (6 months ago), I continued to pay the mortgage.

 

[LdiJ]

@LdiJ - Thanks for the response. The account set up was due to me being an uneducated teenager. Anywhere from 75-80% of my paychecks were used for all bills (including mortgage, HOA, insurance, etc.) - whatever was remaining from those checks was left in that account that she had complete control over. When I separated our finances (6 months ago), I continued to pay the mortgage.

That didn't really answer my question. Ok, 75-80% of your paychecks went to pay the bills, but 75-80% of your paychecks technically could be most of the bills, or only a small percentage of the bills, or could be just half the bills etc. There is no way for anyone to know based on how little information you are providing.

I can tell you that your mother can make selling the home complicated if she refuses to leave and refuses to cooperate with people viewing the residence. You might have to evict her in order to be able to sell.

You probably need a consult with a local attorney. Be prepared to give the nitty gritty details.

 

[Abe-Frohman]

To clarify; my paychecks accounted for 75-80% of the total costs paid at the house.

 

[adjusterjack]

How much, in a dollar amount, has your mother contributed to the equity in the house in the past 8 years.

Equity = Current market value minus loan balance.

 

[LdiJ]

To clarify; my paychecks accounted for 75-80% of the total costs paid at the house.

That really doesn't clarify anything. When you consult the attorney, be prepared to provide actual numbers, not percentages.

 

[Zigner]

Evict your tenant now, then worry about selling.

 

[Bali Hai Again]

Evict your tenant now, then worry about selling.

Happy NewYear Mom!

 

[commentator]

You purchased a home eight years ago, at that time, you were not an uneducated teen ager. You had to have been over 18 to buy the home, and obtain financing, right? Deed is in your name only? Wow, this is going to be a merry mess if she demands that you do something and you do not have the determination and confidence to make her pay rent, move out, whatever. Sounds like she is continuing to bully you, which was a practice set up a very long time ago. Will you really have the stamina to go through an eviction? I honestly think that while you're stirring this kettle of fish, you need to be going through counseling to deal with your mother in a rational adult manner and set appropriate boundaries for someone with a lifetime pattern of abusing you. Eviction will result in a pitched battle in which she will pull every emotional string available to her before the final break, and it doesn't sound as if you are ready for that final break at all.

 

[Ohiogal]

North Carolina

Hello, all. My situation is as follows:

I purchased a home roughly 8 years ago in NC. The mortgage/deed is in my name. My mother has been living with me in this home the entire time. During this time I have been the primary bread winner (full-time employed), while my mother has worked sporadically and been on worker's comp. Payments for the mortgage and utilities have come out of a shared bank account owned by my mother and I.

I recently married and would like to sell the home. My mother expects to live in the home rent free and has alluded to the fact that she won't leave unless she gets her share. My husband and I have offered to help her move into a new place (renting to her is not an option, you'd understand why if you knew my mother).

All that being said; does my mother have any legal ground to stand on claiming that part of the home is hers (or she's owed money) because the home payments came from a joint account?

Thanks!

Evict her. She is entitled to nothing unless you have a contract stating otherwise. Anything she has paid has been considered rent.