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ronnie2000 · Sep 8, 2008, 08:42 PM

This is the issue:

My brother-in-law and sister-in-law bought a home several years ago, which their parents has been paying the mortgages since that time till now. My sister-in-law's husband wants the house to sell and he wants to get part of the money because his wife's name appears on the contract. Does his wife has the right to get the money even though she hasn't pay the mortgage? Her husband wants to take my parents in law to court because they don't want to give him any money to him and his wife once the house is sold. My parents-in-law have copies of payments done by them (parents-in-law) example: personal checks payable to the mortgage company. The daughter does not want to write a letter stating that she gives the right of full ownership to her parents. But her brother is willing to give them full ownership to his parents. What you suggest to do?

Thanks.
Ronnie2000

ebaines · Sep 17, 2008, 07:28 AM

Whoever's name is on the deed is the owner of the house - it matters not who has been paying the mortgage. So if your SIL is named on the deed as a co-owner, then yes, she is indeed a co-owner and therefore entitled to her share of the proceeds if/when the house is sold. If your in-laws have beep paying the mortgage, that has essentially been a gift from them to both co-owners. And unless there is some sort of contract that stipulates that the in-laws they would pay the mortgage in exchange for part-ownership, they have no right to influence what happens to the sale proceeds.

sylvan_1998 · Sep 25, 2008, 12:08 PM

Have them put a lean on the house making it impossible to sell until all monies are paid back. Then once inlaws are paid what they put into it, the proceeds can/should be split.

But get in writing from her before any sale that she is willing to take half of the loss if there is any also.

Or better yet sell for what is owed on the house and there are no profits. To a family or friend who in turn will sell it back and then a normal sale with out her can take place.

ScottGem · Sep 25, 2008, 12:15 PM

As ebaines said, the key is the ownership on the property. Whoever is listed on the deed are the owners and they would get any proceeds of the sale.

The only way your SIL's husband could get his hands on any proceeds is if you are in a community property state and her share of the house is considered community property. Otherwise he has NO legal standing to get any of the proceeds or to sue anyone over them.

As for thr parents paying the mortgage. That would be considered a gift on their part, since they have no ownership interest.