Advice Please!

[Jennrhinehart]

my husband and I bought a home with his mother we are all on the loan and deed. She has decided that she wants to move out and go back to her previous home, we redone the kitchen cabinets and now she wants to take the kitchen with her..Is she allowed to do this ? We are able to assume her part of the loan but not redo the kitchen again. We went in together because her husband had passed away and she didn’t want to be alone and now she is just missing her home. We just need to know what she is legally allowed to remove from the home

 

[PayrollHRGuy]

If she put money into the home she is owed something. How much or what that something is is for all of you to work out.

 

[Zigner]

What US state?

You don't have to let her take anything. Your best bet is to buy her out with a fair offer.

 

[Mass_Shyster]

my husband and I bought a home with his mother we are all on the loan and deed. She has decided that she wants to move out and go back to her previous home, we redone the kitchen cabinets and now she wants to take the kitchen with her..Is she allowed to do this ? We are able to assume her part of the loan but not redo the kitchen again. We went in together because her husband had passed away and she didn’t want to be alone and now she is just missing her home. We just need to know what she is legally allowed to remove from the home

She probably cannot remove the appurtenances, but your state may have some oddball rule about that.

I think she'll find that the value of the used cabinets is far less than what was paid to install them.

 

[adjusterjack]

We just need to know what she is legally allowed to remove from the home

Probably just money.

How much money did she contribute to the down payment and the kitchen restoration?

 

[Litigator22]

my husband and I bought a home with his mother we are all on the loan and deed. She has decided that she wants to move out and go back to her previous home, we redone the kitchen cabinets and now she wants to take the kitchen with her..Is she allowed to do this ? We are able to assume her part of the loan but not redo the kitchen again. We went in together because her husband had passed away and she didn’t want to be alone and now she is just missing her home. We just need to know what she is legally allowed to remove from the home

In case you aren't already aware:" your mother-in-law is a complete idiot!

Even as a co-owner of the home she has no more legal right to remove the cabinets than the toilets or the roof or any other fixtures so affixed!!

If she does, she will be committing "waste" subjecting herself to a civil action for damages. In California, for example such conduct could result in an award of treble damages. *
________________________________

[*] "If a guardian, conservator, tenant for life or years, joint tenant, or tenant in common of real property, commit waste thereon, any person aggrieved by the waste may bring an action against him therefor, in which action there may be judgment for treble damages." California Code of Civil Procedure Section 732.

(Just don't ask me as to how such an award would be shared between the co-owners/plaintiffs aggrieved by the waste and the co-owner/defendant that committed the waste and is bound to pay such a judgment, but as a co-owner of the property is equally aggrieved. Makes no sense to me.)

 

[Jennrhinehart]

In case you aren't already aware:" your mother-in-law is a complete idiot!

Even as a co-owner of the home she has no more legal right to remove the cabinets than the toilets or the roof or any other fixtures so affixed!!

If she does, she will be committing "waste" subjecting herself to a civil action for damages. In California, for example such conduct could result in an award of treble damages. *
________________________________

[*] "If a guardian, conservator, tenant for life or years, joint tenant, or tenant in common of real property, commit waste thereon, any person aggrieved by the waste may bring an action against him therefor, in which action there may be judgment for treble damages." California Code of Civil Procedure Section 732.

(Just don't ask me as to how such an award would be shared between the co-owners/plaintiffs aggrieved by the waste and the co-owner/defendant that committed the waste and is bound to pay such a judgment, but as a co-owner of the property is equally aggrieved. Makes no sense to me.)

Thank you very much!

 

[Jennrhinehart]

What US state?

You don't have to let her take anything. Your best bet is to buy her out with a fair offer.

NC and she doesn’t want money she wants the kitchen cabinets lol, we have tried being reasonable

 

[LdiJ]

my husband and I bought a home with his mother we are all on the loan and deed. She has decided that she wants to move out and go back to her previous home, we redone the kitchen cabinets and now she wants to take the kitchen with her..Is she allowed to do this ? We are able to assume her part of the loan but not redo the kitchen again. We went in together because her husband had passed away and she didn’t want to be alone and now she is just missing her home. We just need to know what she is legally allowed to remove from the home

No. Once the cabinets were installed they became a fixture of the home and she cannot take them with her.

 

[Zigner]

NC and she doesn’t want money she wants the kitchen cabinets lol, we have tried being reasonable

If ALL she wants is the kitchen cabinets, then maybe it's cheaper to let her have them and have new ones installed?

 

[LdiJ]

If ALL she wants is the kitchen cabinets, then maybe it's cheaper to let her have them and have new ones installed?

The OP already said that they cannot afford to both take over mom's share of the mortgage AND redo the kitchen again. Mom is being unreasonable. The odds of the cabinets even fitting in her kitchen at her other house are slim. Cabinets have to be fitted.

 

[Zigner]

The OP already said that they cannot afford to both take over mom's share of the mortgage AND redo the kitchen again. Mom is being unreasonable. The odds of the cabinets even fitting in her kitchen at her other house are slim. Cabinets have to be fitted.

Strange, when I said "Your best bet is to buy her out with a fair offer", the response wasn't "we can't afford that", was it? So, if they can afford to buy her out, then they can afford to use that same cash to put in new cabinets.

 

[Jennrhinehart]

No. Once the cabinets were installed they became a fixture of the home and she cannot take them with her.

we thought so just wanted to be sure. Thank you

 

[not2cleverRed]

we thought so just wanted to be sure. Thank you

Mind you, being legally in the right, and even morally in the right, does not always lead to domestic tranquility.

It's your MIL. At the end of the day, she is your husband's mother. And this post isn't in the Divorce section of the forum.

If you want to have a pleasant marriage, humor the MIL a little. Or at least, let your husband deal with his mother. Any bad feelings from this, she's going to blame on YOU and your influence, not him.

 

[FarmerJ]

Have you explored the cost to get her off of your homes title ? I suggest you find out then have ready for her the needed paperwork to release herself from your deed and ( also while your doing that look on craigs list or something like it for free but used cabinets and live with installing some nice used ones ) in exchange for her getting those cabinets she is all hot to have she must sign her interest in that house over to her son and you. It will help make peace and later on when your households money supply increases or one of you takes a second job just to not only build up a cushion for emergencies but to again replace the cabinets with ones you want when money is different and do not forget to get her off your deed so that way when the time comes should she need state aid to help pay for nursing home care your home cant be touched.