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    tayamalay's Avatar
    tayamalay Posts: 1, Reputation: 1
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    #1

    Jun 1, 2008, 07:44 AM
    Deed rights
    My mother is on the deed to my house but not on the mortgage can she force the sale of our house or sue us to buy her out?
    Does being on the deed automatically give her 50%of profits if she has paid nothing onto it?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Jun 1, 2008, 08:15 AM
    Hello tay:

    She can't force you to sell. She can sue you, of course (anybody can sue anybody in this great country), but she has no case.

    I don't know if she'll get half the proceeds from a sale, but in the absence of an agreement stating otherwise, the deed says she's an owner. At closing (should you ever sell), the escrow company will write her a check as though she IS.

    excon
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,302, Reputation: 7692
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    #3

    Jun 1, 2008, 12:06 PM
    Well a couple things, she can not force you to sell, but you can't sell the house either without her signing, so unless she gets an amount of money she wants, she can just refuse to sign.

    You can't sell without her, she can not sell without you.
    Loan_Guy's Avatar
    Loan_Guy Posts: 83, Reputation: 6
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    #4

    Jun 1, 2008, 07:40 PM
    Quote Originally Posted by tayamalay
    my mother is on the deed to my house but not on the morgage can she force the sale of our house or sue us to buy her out?
    does being on the deed automatically give her 50%of profits if she has paid nothing onto it?
    Taya,

    First, I'm not an attorney. By you asking this question in this way, I get the feeling that something is brewing... Maybe you should speak with a real estate attorney in your state, as the laws are different in each state. Here are a couple general thoughts.

    If Mom is on the deed, she has some rights to the house. The mortgage is just an debt instrument that gives the lender the ability to take over the property with your name on it should you default on the loan. Although Mom may not be financially liable, she may lose the property should you get foreclosed upon.

    Also, depending on how the property is held (tenancy in common, joint tenants, etc.) she may have a claim to any proceeds should you sell the property. Next, if you were to pass away, there could be issues for the survivors. Last but not least, in some states, she could actually sell her interest in the house to someone else, regardless of whether you like them or not.

    And YES, you could potentially get sued to force division of the property and then a sale. Once again, the percentage she could get will depend on how the property is held. When you say "our house", it makes me think you may be married. She may get 1/2 or 1/3, depending on the state. If you and your hubby were to pass away, she could get half and your kids get division of the other half. If she were to pass away, you could co-own the house with your siblings or others...

    Confused yet? Make an appointment with an attorney. It sounds like you need it.

    LG

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