Deed of trust

[Deannedegn]

What is the name of your state (only U.S. law)? California
I bought a home, but had to put it in my son's name . I currently pay the mortgage and live in the home. Do I have any legal right to the house ? My name is not on the deed.

 

[justalayman]

What does your son say about the matter?

 

[Zigner]

What is the name of your state (only U.S. law)? California
I bought a home, but had to put it in my son's name . I currently pay the mortgage and live in the home. Do I have any legal right to the house ? My name is not on the deed.

Why did you have to put it in your son's name?

 

[Deannedegn]

Going through a divorce and my husband wasn't going to sign the release form to not try to claim the house I was buying.

 

[Deannedegn]

Divorce is not with my son's dad and my son has turned on me

 

[HRZ]

Well you have rights as a tenant but I doubt that is what you meant to ask...

You have problem to address that your "gift" to your son lacked donative intent and that the true equitable owner is you and perhaps that your "gift" was not tainted by any effort to avoid/ hide anything from STBX --dirty hands on your part will not be helpful to your quest. ( I did not say EXs refusal to sign release was an effort to hide things--but don't go open any such box)

Absent a deed from son to mom....mom, you best be searching out some serious paid legal counsel and soon ----right now son could sell it to a barmaid down the street and you'd have insurmountable issues in my lay view to get it back from barmaid.

 

[justalayman]

Did you put any money (other than the monthly payments) into the purchase of the house, like a down payment?

 

[Deannedegn]

Did you put any money (other than the monthly payments) into the purchase of the house, like a down payment?

$30,000 down

 

[justalayman]

$30,000 down

Can you prove that it was your money and it wasn’t a gift to him?

 

[Deannedegn]

Can you prove that it was your money and it wasn’t a gift to him?

The title company made me sign a form saying I gifted it to him but the title company the realtor, loan Depot everyone knew that I was buying the house but was putting it in his name because I was going through the divorce

 

[justalayman]

The title company made me sign a form saying I gifted it to him but the title company the realtor, loan Depot everyone knew that I was buying the house but was putting it in his name because I was going through the divorce

So when asked you’ll say you lied when you signed that form? What everybody knows doesn’t mean a lot since the lender and your son has a document stating it was a gift. There are other ways to purchase a house while going through divorce, legitimately that would shield it from your soon to be ex.

Who viewed homes with the real estate agent?
Who sat down with the real estate agent and signed the offer to purchase and the various contracts?

Apparently your son applied for a mortgage. Did he state it is an owner occupied home or an investment property? The mortgages and the initial costs of those mortgages varies greatly.

And, does your son live in the home as well?

 

[Deannedegn]

So when asked you’ll say you lied when you signed that form? What everybody knows doesn’t mean a lot since the lender and your son has a document stating it was a gift. There are other ways to purchase a house while going through divorce, legitimately that would shield it from your soon to be ex.

Who viewed homes with the real estate agent?
Who sat down with the real estate agent and signed the offer to purchase and the various contracts?

Apparently your son applied for a mortgage. Did he state it is an owner occupied home or an investment property? The mortgages and the initial costs of those mortgages varies greatly.

And, does your son live in the home as well?

I was the one that was with the realtor I was the one that did all the paperwork via online . the only time my son was involved was when we went to the title company and signed the final papers. He does not live here and I believe we stated he wasn't living in the house because he lives in my other house that I own with my first ex-husband who just died. What a mess I got myself into. I know we didn't say anything like he was using it for an investment

 

[justalayman]

I won’t say it’s impossible to make an argument for a constructive trust but there are a LOT of hurdles.

Plan on spending a bunch of money on legal fees, if you can actually find s lawyer willing to consider taking such a case.

It may be cheaper to attempt to negotiate some sort of deal with your son

 

[Zigner]

I was the one that was with the realtor I was the one that did all the paperwork via online . the only time my son was involved was when we went to the title company and signed the final papers. He does not live here and I believe we stated he wasn't living in the house because he lives in my other house that I own with my first ex-husband who just died. What a mess I got myself into. I know we didn't say anything like he was using it for an investment

Whose name is the mortgage in?

 

[Deannedegn]

Well you have rights as a tenant but I doubt that is what you meant to ask...

You have problem to address that your "gift" to your son lacked donative intent and that the true equitable owner is you and perhaps that your "gift" was not tainted by any effort to avoid/ hide anything from STBX --dirty hands on your part will not be helpful to your quest. ( I did not say EXs refusal to sign release was an effort to hide things--but don't go open any such box)

Absent a deed from son to mom....mom, you best be searching out some serious paid legal counsel and soon ----right now son could sell it to a barmaid down the street and you'd have insurmountable issues in my lay view to get it back from barmaid.

I kinda thought i would not have any legal rights, but I am sure I will come up with something . Thank you