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BizAttorney
BizAttorney, Attorney
Category: Legal
Satisfied Customers: 2273
Experience:  Over 12 years of business and legal experience.
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Long story short my mom got her name on my house. Now I am

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Long story short my mom got her name on my house. Now I am going to be getting married in a couple months and she wants us to pay rent and everything plus buy the house from her for more than what I bought it for. Wondering what rights I have or what I should do? I want to move but just don't have the money to do so and really wont if she tries to pull this stunt. Then if we sale the house she will only give me not even a fourth of it is worth. So wondering what happens when the house gets sold with co-owners how is that money divided?

BizAttorney :

Good evening! I can help you out with your legal question tonight.

BizAttorney :

In order to help you, I need to ask you a few more questions.

BizAttorney :

What was/is the percentage you and your mom own?

Customer:

we are half and half

BizAttorney :

Thank you. Did you own all of the house in the past?

Customer:

yes

BizAttorney :

And when you transferred half of your ownership in the property to her, did she pay any money? Do you hold it as tenants in common or how exactly?

Customer:

let me get paper and make sure

BizAttorney :

Ok, thank you.

Customer:

it says that we as joint tenants with the right of survivorship and not as tenants in common

BizAttorney :

Thank you. As you are joint tenants, then either of you have the right to live on the property. As you are living on the property and are the owner, you do not need to pay rent to anyone. With regards XXXXX XXXXX sale of the home, you can only sell your portion of the property.

BizAttorney :

Neither of you are able to convey the full property to someone else without both of you deeding your interest.

BizAttorney :

However, each of you can sell your interest in the property without the approval of the other.

Customer:

so its pretty much we each own half and we either agree to sale together or one of us could sell their half to the other and to do that you just agree on an amount?

BizAttorney :

That is correct or one could sell his/her half to someone else too.

Customer:

alright one last question with me getting married and my mom wanting him/us since we will be married she would not be able to do so unless we signed a contract that she made up

Customer:

to pay rent

BizAttorney :

Can you please restate what you typed? I'm not sure what you mean exactly.

Customer:

yeah with me getting married here in a couple months my mom is want my soon to be husband that will be moving into the house with me and our son to pay rent to my mom and she has made up a contract that she wants us to sign saying how much she want every month for rent for us all living in the house I guess the question is how does that work if we both own the house

BizAttorney :

You are not obligated to sign that lease at all. She has no more right to collect rents than you do.

Customer:

that answers my question then thank you for your help

BizAttorney :

You are very welcome! Have a great night and please leave me feedback so I can continue to help others. Thank you!

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