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Debra, Lawyer
Category: Canada Law
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Experience:  Lawyer
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My mother is on title on my condo. This was to secure the money

Customer Question

My mother is on title on my condo. This was to secure the money she gave me to buy the condo. She now wants her money back (twenty years later even though it was a gift - my inheritance before she died etc). Relations have broken down and she wants the money, even if it means I have to sell. Does she have any legal right/power to force me out? I've lived there almost twenty years and paid all expenses and mortgages. She lives in Austria and has no interest in the place. She just wants her $150g back. What do I do? What can she do?
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.
Can you prove this was a gift?What do you mean when you say this was to secure the money she gave you?
Customer: replied 2 years ago.

She gave me $150,000 as a down payment on my condo in 1998. Vancouver was very expensive and she gave it to me as my inheritance before she died. However, there has been a breakdown in relations and now she wants the "loan" back. So, I am in a position where I will have to remortgage or sell in order to pay her back. I'm not interested in a protracted legal battle with her as I am in BC and she is in Vienna. I just want her off my back and gone. I just need to know what rights I have and what she can do to me. Can she force me out? Can she force timelines on me? My mortgage is up for renewal in spring 2017.

How can can I remove her from title without her having to come and visit?

Expert:  Debra replied 2 years ago.
You cannot remove her from the title without her consent. If she agrees she can be sent the documents from a lawyer in BC. It is not going to be easy to prove this was a gift because she has her name on title and you said she did this to secure the money so it sounds like it was not a true gift as then she would not have had her name on title and would not care about securing the money. She can apply for a court order for the sale of the house. I don't know if she would do that though as legal fees would be expensive and could eat up most of the $150K and it will be hard to do this from Vienna.

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