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Home Buyer, Home Buyer in Lorton, VA

My wife and I bought a house along with her mother who lives with us. My mother-in-law is not on the deed. Does she have any ownership of the house?

Asked by Home Buyer, Lorton, VA Tue Sep 6, 2011

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As you said your mother-in-law is not on the deed, so she is not the owner of the property.But you bought the house along with her which you admitted, this is need to be clarified by a law professional.You may contact with a real estate attorney. Thank you.
1 vote Thank Flag Link Tue Sep 6, 2011
I would recommend you talk with a real estate attorney to get an answer, but it would be doubtful she has ownership rights since her name is not on the deed.

Good luck
0 votes Thank Flag Link Tue Sep 6, 2011
Home Buyer,

You raise a very fact specific legal issue. Without more details, such as whether there exists some form of written agreement between the parties, it is not possible to give you a definitive answer. I am a licensed real estate attorney and agent and would be glad to discuss your situation in more detail. Feel free to contact me at your convenience.

David A. Conforti
Tobin, O'Connor & Ewing
(202) 362-5900
0 votes Thank Flag Link Tue Sep 6, 2011
Home Buyer,

You raise a very fact specific legal issue. Without more details, such as whether there exists some form of written agreement between the parties, it is not possible to give you a definitive answer. I am a licensed real estate attorney and agent and would be glad to discuss your situation in more detail. Feel free to contact me at your convenience.

David A. Conforti
Tobin, O'Connor & Ewing
(202) 362-5900
0 votes Thank Flag Link Tue Sep 6, 2011
Maybe.

Let's start with the three of you. Do any of YOU think your MIL has any ownership of the house? If there is a dispute, then it will be cheaper to resolve it now than it would be if you and your wife were trying to sell it and her mom wanted to get in the way.

If you think that you will be able to trump your MIL's resistance by playing the deed card . . . well, let's just say that even if you would win, you would lose.

All the best,
0 votes Thank Flag Link Tue Sep 6, 2011
Simply..not on deed..no ownership..UNLESS of course there is something in writing to the contrary..However, I am not an attorney. If you would like to speak to a good real estate attorney please let me know.

Kind Regards,

Erik J. Weisskopf, ABR,CDPE,CRS,GRI
Erik@AskMeAboutHomes.com
703.216.1222 c
0 votes Thank Flag Link Tue Sep 6, 2011
Home Buyer,

Legally, a person can be on the mortgage loan, but NOT on the Title to the property. And a person CAN be on the Title, but NOT on the mortgage.

So to answer your question, your Mother-In-Law is NOT on the Title and has NO legal ownership rights to the property, except in your conscience. I hope she is a good Mother-in-Law - she already helped you purchase the house - and you gladly treat her as a co-owner in your conscience :-)

It is always good to write a detailed legal agreement BEFORE purchasing a real estate property with un-related persons. IF you have any additional questions or legal issues, you may want to contact a real estate lawyer.
Here is an excellent real estate lawyer: Jerry Boutcher, 703-999-4684
0 votes Thank Flag Link Tue Sep 6, 2011
Dear Home buyer:

Deed is the proof of ownership. Why is she not on the deed when you said you bought the house with your wife and her mother. Is she on the loan? Or did she helped you financially (like down payment etc) while you guys were buying the house. It important that you consult a Real Estate attorney. Also, check your tax records if they shows her name as an addition to yours and your wife. I can help you check that if you call/email me (address needed).
Also, other than the deed do you have any other legal doc. stating her ownership in the property? (ex: power of attorney, or Will)??
Hope this information is helpful to you, but I highly suggest consulting an attorney to be 100% positive.
I work with various well knowledgeable attorneys in the area - let me know if you need their contact info.

Best Regards,
Faiza Alvi - Realtor®
Prince William Realty, Inc.
703-389-7973 (Direct)
703-580-9995 (Fax)
http://www.house2homeva.com
Web Reference: http://www.house2homeva.com
0 votes Thank Flag Link Tue Sep 6, 2011
Hello Home Owner,

If your mother in law is not on the deed she has no ownership rights on the property. Maybe she is in the mortgage loan? If she is, she has as much responsibility to pay for the house as anyone else on the loan with no rights to the property; a very bad deal for her unless her idea was for you guys to be the sole propietors when she die. In any case that was no the best way to go aobut it. You may need to consult a Real Estate lawyer to clearify the situation. Ryan Stuart, 703-739-0100, is a very good one, and if he cannot help you he can put you in contact with someone who can.

Regards,

Maridol Garcia-Joy, Realtor
Long & Foster
703-655-0777
0 votes Thank Flag Link Tue Sep 6, 2011
Did she lend you the money to buy it? Or did you actually buy it together? If you bought it together she would be on the deed. By the phrasing of your question it sounds as if things may be getting strained. If so you should consider consulting a real estate attorney for legal advice.
0 votes Thank Flag Link Tue Sep 6, 2011
What do you mean by bought the house with her? Chances are if she is not on the deed she does not have any ownership in the house.
0 votes Thank Flag Link Tue Sep 6, 2011
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