PDA

View Full Version : Can I be removed from our deed without knowing about it?


idahobratz
Sep 2, 2012, 09:43 PM
Hi there! My name is on a house deed with my ex-mother in law. It was originally her house and I am buying git from her without being on the mortgage. Can she remove me from the deed without my knowledge? Do I have legal ownership of the house? Can she sell the house with me knowing? Thank you in advance. Idaho

AK lawyer
Sep 3, 2012, 04:38 AM
... and I am buyin git from her without being on the mortgage. ...

Do you have anything in writing to the effect that she agreed to sell it to you? If not, what makes you think that you are "on the deed"?

The due-on-sale clause of the mortgage probably prohibits such an agreement, but that would be another issue.

Fr_Chuck
Sep 3, 2012, 05:07 AM
Have you went to the court house and confirmed that a new deed was filed with your name on it?

If you are really on the deed, then you are already part owner of the house

ScottGem
Sep 3, 2012, 05:39 AM
If your ex M-I-L did in fact sign AND register a deed making you a joint owner of the property, then she cannot remove you without your knowledge and agreement.

But, as the others have noted, you don't say how you know you are on the deed. Since there was a mortgage, usually the lender's approval is needed to change ownership.

So the first thing is to check with the county recorder of deeds to determine how the deed is listed.

Do you think she is going to sell?