Question about home ownership. What should I do?

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gumhelper Asked April 2021

Question about home ownership. What should I do?

I have been paying the mortgage and all utilities for the past 30 years on the house where me and my mother live. In 2018 I became the sole owner of the house because we refinanced it and I was the only person who qualified for the mortgage/loan. Now my mother wants her name back on the house, because she thinks that 50% of the house is hers, even though she does not pay anything and I can prove that I have been paying everything. My brother told me that she got a lawyer and is claiming that she was under the influence when she signed her name off the house...even though she was not. She thinks this is the only way to get the house back. What should I do? I don't feel this belongs to her at all. She only gets a small ss check a month, she could never qualify for a loan or pay the house bills.

Elder Law Financial Planning Multi-generational Living

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score 0 · Answer 1

I hope you kept very good records. Either using you check to pay the Mortgage or a transfer to Moms account. You now have the Mortgage in your name correct and proof Mom turned the house over to you. Who does the tax bill come to, you only? If so, you are the person ur county recognizes as the owner. (Who paid taxes this whole time) The deed is in your name only? Then you are the only owner.

I would wait till you receive something from her lawyer. Then I would send him your proof. He may just drop her case. If he doesn't, I would then get a lawyer. Which if u win, it will add to your proof because I think sister will be your problem when Mom passes.

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score 1 · Answer 2

Then she or your sister can buy you out if you want to sell.
If you do not want to sell that is your choice.
I do stand by my comment that you should consult an Attorney just to make sure that everything is titled correctly.

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score 1 · Answer 3

Sis may also be concerned about how mom is going to pay for care since she gifted 1/2 of the house to you, doesn't matter who paid what over the years. If mom needs facility living, within five years, then the gift of the home would be a penalty, dollar for dollar, before mom could qualify for medicaid.

What If mom had a debilitating stroke tomorrow? If mom needs a nursing home, can she afford upwards of $12,000.00 a month, out of pocket, low end cost in my area.

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HI, mom would never qualify for Medicaid. Yes, she could afford $12,000.00 a month if needed.

(0)

score 2 · Answer 4

Nice sister you have. Sis probably is hoping mom will pass along to her the 50% ownership when she dies.

Yes, do consult with a real estate attorney. My guess is that it will be very difficult to prove that mom was under duress when she signed the QC deed. So chances are slim that your sister will get a windfall.

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score 0 · Answer 5

You don't say how old your mother is, or if this is odd behavior for her, possibly a sign of cognitive decline? With a small SS as her only income she needs to protect her ability to qualify for Medicaid as she will likely need it in the future if she ever needs facility care (which is highly likely). "Getting" 50% of a house may very well impact her ability to qualify, as the Medicaid app has a "look back" period that differs for each state but is no less than 2-1/2 years and up to 5 years.

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Hi, she is 75 and her health is poor. She did sign a quit claim to me back in February 2018 when her health was good. I am the sole owner of the house. She will never go on Medicaid. She is on medicare now. She gets my dads ss check monthly. The only reason she now wants 50% of ownership is because my sister is telling her to. I guess I need to consult with a lawyer.

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score 1 · Answer 6

You need to be speaking to an attorney for professional advice.

These conversations generally go in a million different directions.

Do yourself a favor, be wise and consult with professional legal experts.

Best of luck to you.

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Hi, I will most definitely do myself a favor and consult with a legal expert, for I was planning on doing that already. Just wanted to hear other people’s experiences.

(2)

score 1 · Answer 7

Was/is there a first mortgage on the property?
What does the deed or title to the property state?
While you may be the only one on the current mortgage that may mean you are solely responsible for the debt but not that you are the sole owner.
It is possible that in order for you to be sole owner mom would have had to sign a quit claim
I would consult with a lawyer that is well versed in property law.
A call to the county assessors office might also give you an idea as to who is on the title. Or if there is title insurance that would also have the information.
But just because you took out a loan or mortgage does not mean you own the property

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Hi, I am the sole owner of the property. She did in fact sign a quit claim in February of 2018, in the state of Nevada giving me sole ownership. And I also am the only name on the mortgage. She now wants 50% because my sister is telling her to do so.

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Question about home ownership. What should I do?

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