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TJ, Esq.
TJ, Esq., Attorney
Category: Real Estate Law
Satisfied Customers: 11780
Experience:  JD, MBA
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10 years ago, as I was divorcing, my ex-wife and me sold the

Customer Question

10 years ago, as I was divorcing, my ex-wife and me sold the house to my kids, just to have some money to divide. I remained in the house with the obligation to pay the new mortgage loan on my kids behalf. Now they want to sell the house, but I don't have money enough to repurchase the house. What can I do to stop any action to sell the house where I live and paid the mortgage?
Wilson DePaula ***@******.***
Cellphone(###) ###-####
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  TJ, Esq. replied 1 year ago.
Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions. Based upon the facts that you shared, I'm sorry to say that there is nothing that you can do to stop the sale of the house. Simply put, a homeowner has a right to sell his property. The only way to stop it would be to either argue that you are the actual owner and not your kids, or that your kids entered into a contract with you not to sell it. If either is the case, then you can file a lawsuit for an injunction that prevents your kids from selling the house. I would strongly suggest retaining an attorney if you were to take such legal action, since it's not a simple small claims type of lawsuit. Does that answer your questions? I wish that I had better news for you. Please let me know if you need clarification, and please remember to provide positive feedback.
Customer: replied 1 year ago.
even if I can prove that all payments during these 10 years were made with resources of my bank account? Even if I don't have any place to go?
Expert:  TJ, Esq. replied 1 year ago.
Hi again. I'm sorry to say that paying somebody's mortgage payments for him does not create an ownership interest in his house. A mortgage is just a loan. Although the loan was used to buy the house, the repayment of the loan has nothing to do with ownership of the house. You may have a valid case against your kids for reimbursement of the mortgage payments, but that still would not give you any ownership interest in the house or allow you to stop a sale. I'm terribly sorry to say that even if you have no place to go, your kids can still sell the property. The law will not stop them. You will need to appeal to them from a family perspective rather than a legal perspective. I truly wish that I had better news.
Customer: replied 1 year ago.
We cut a deal. No need anymore assistance. Thanks for your help. Goodbye.

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