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Purchased a Home with In Laws

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Compteacher

Junior Member
What is the name of your state? Illinois
Okay, 6 years ago, my wife and I agreed to purchase a home with her Mother and Stepfather. Due to interest rates, the actual home is in her Mothers and Stepdads name. The house has a small upstairs kitchen which we use as well as a living room and small undormered bedroom I use an an office. My wife and I have our bedroom on the 1st floor and we had originally had a bedroom built in the basement for my Son. I did not want to do this, but it was only to be for 3 years, at which time we would sell the house and split the profit. I pay the cable bill for the whole house as it is in my name, and its around 200 a month. They pay the electric and gas. The mortgage is in their name but we pay 700 a month toward it. We do not have a lease nor do they pay taxes on the rental income as the agreement was purchase together so it was not considered rent.

3 years came and went and I was the only one who wanted to sell. So no sale. At this point, my In Laws took over the whole garage, which since they needed storage space I did not argue over. Then they moved my son from his basement room to the other bedroom on the 1st floor and the In laws took over the whole basement, leaving no more common areas that we had shared down there. They said it was for their bedroom since they had given my son their bedroom upstairs. They also said we could have storage in the Laundry room, but they also took over that space as well. This meant that they had 70% of the space in the house and all the exterior space and I had lost almost half my space and still paid the same amount per month. We had an argument over this and My Father in law claimed it was their house and they were doing us a favor by allowing us to live here, which in turn almost caused me to move until my Mother in law smoothed things over by restating that we own the house together and that they could not have purchsed it without us and that once we sold we would still split the money. I didnt argue further as my wife asked me to back off. It has now been 6 years and we are again being treated as renters and actual have been told we have until 6/1/06 to move. I discovered that my in laws have refinanced the house more than 2x and paid off their bills with the equity as well as both times reducing the mortgage payment. Our portion never changed so for the last 2 years we have been paying a little more than 1/2 the mortgage for 1/3 the space of the home. I want to again state they have never paid rental income tax on our money.

So now after 6 years and 50,000.00 paid to them, I need to move and the house will not be sold so**************. What recourse do I have here??? I have nothing in writing, it was all verbal as it was my wifes mother and they always had a wonderfull relationship so I did not push for a written agreement to keep the peace.

Am I just screwed here??????
 


weenor

Senior Member
Try and get a free consultation from a local lawyer....but I would say that if you are not on the deed and not on the mortgage your are nothing more than a tenant. Whether they have declared rental income on their tax returns is their problem and not likely to you prove some kind of oral agreement. The other thing is that you are talking about real estate which requires a "writing" under the statute of frauds to prove a sale or ownership. Without a writing you are likely out of luck. Maybe somebody else can add something that I overlooked.
 

BelizeBreeze

Senior Member
You are a tenant, nothing more. you have no ownership interest in the home whatsoever and without a WRITTEN, fixed-term lease, you are a month-to-month tenant at that.

Move and be done with them.
 

Compteacher

Junior Member
Thanks breeze. Yea we are moving, and my Mother in Law has again sd they will give us cash, but I really do not care anymore. If they do fine, if not, o well. I am however not giving them another penny till we do move (in about 2 months) and I am shutting off the cable I pay 225 a month for. Also, I am notifying the IRS of their lack of filing the income, and supplying them a copy of every cashed check for all these years made out to them. Jus to help the government total up all the back taxes and hopefully NUMEROUS penalties.
 

ENASNI

Senior Member
Also, I am notifying the IRS of their lack of filing the income, and supplying them a copy of every cashed check for all these years made out to them. Jus to help the government total up all the back taxes and hopefully NUMEROUS penalties.

Well this will sure make Holidays fun.


Even a caveman could see that.
 

Compteacher

Junior Member
Yea. I realize this will make for super fun holidays, but I really cant sit back and get screwed over and over by Family. Why is it that when most people get ripped off, somehow family is involved??

All I know is I have allowed myself to be pushed around and kept quiet in order to keep the peace, and I have realized this, Why should family get to keep my money and get peace???? Time to push back. Then I still wont have money, but neither will they and no one will have peace so we will all be back on even footing. :)
 

ENASNI

Senior Member
Then I still wont have money, but neither will they and no one will have peace so we will all be back on even footing.
Absolutely lovely, I have such a warm fuzzy feeling inside now.




Any chance you are related to GW?
 

Compteacher

Junior Member
No, just sick of being ripped off by family. I must have sucker written on my forhead cause since I was 15 (40 now) I have lost so much money to family. Brother borrows money for car purchase, never pays. Mom stole from work envelope, I had to the expense. Bought car from dad, got screwed as he knew it had a bad engine and didnt tell me. Mom dies, I pay for 2 yes 2 funerals myself then find out brother and sister got 200k and didnt tell me.

I thought my family was bad, and I guess I wanted my in laws to be a surrogate family and blinded myself to reality. I mean I paid for some vacations, bought them nice gifts etc.... I am not broke, just dumb I guess.

Should have realized this was coming when at xmas I bought nice gifts, and they took my wife to New Mexico for a gift, and I got a coffee maker. (I found out last week the coffee maker was actually regifted too, lol.)

At least my wife is behind me on this whole issue and realizes how badly her Mom has ripped us off.
 

LdiJ

Senior Member
Compteacher said:
Yea. I realize this will make for super fun holidays, but I really cant sit back and get screwed over and over by Family. Why is it that when most people get ripped off, somehow family is involved??

All I know is I have allowed myself to be pushed around and kept quiet in order to keep the peace, and I have realized this, Why should family get to keep my money and get peace???? Time to push back. Then I still wont have money, but neither will they and no one will have peace so we will all be back on even footing. :)
I hate to tell you this, but its quite possible that the IRS would not consider that to be rental income at all. Its quite possible that the IRS would see it as you paying towards expenses of the shared home.

Roomates don't earn income off each other.....neither do family members who contribute to the shared housing expenses.
 

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