Divorcing mom trying to sell her and my dad's house that I paid for

[ERjunior]

I hope someone can help me with this unique question. My mom and dad both own a house, but I've been paying for their mortgage for 15 years. The last 4 years the mortgage was overdue for late payments and I'm barely trying to pay it off, while they haven't even tried. Now they are divorcing and my mom wants to sell the house. I don't agree with her decision to sell the house that I paid for, especially when she hasn't lent a dime. Neither has my dad. What I want is to claim the property from them, or get the profits if it's going to be sold, plus interest. I heard there is a form I can file to involve myself in their divorce case and make a claim. I can't find such thing for my county. I tried contacting the mortgage company and each time they were clueless as to how I can claim rights over the property. Is there anything I can do to make sure I keep either the property, or profit?

 

[army judge]

The monies you've expended on their behalf, absent a specific WRITTEN contract between you and them, will be considered gifts.
You have no legal basis on which to form a claim for ownership interests in their home.
Their names are on deed. Yours apparently isn't.
I see no path to prosperity or redemption for you without a written contract.

Mom and dad can do whatever they wish to do with THEIR home, if the lender approves.

 

[ERjunior]

The monies you've expended on their behalf, absent a specific WRITTEN contract between you and them, will be considered gifts.
You have no legal basis on which to form a claim for ownership interests in their home.
Their names are on deed. Yours apparently isn't.
I see no path to prosperity or redemption for you without a written contract.

Mom and dad can do whatever they wish to do with THEIR home, if the lender approves.

Lender being the mortgage company? I was hoping what the lawyer said about petitioning to be part of their trial and claim profits was true, but like I said I couldn't find the form he was talking about. Huge bummer. If I can find a written agreement, I should be set, right?

 

[army judge]

Lender being the mortgage company? I was hoping what the lawyer said about petitioning to be part of their trial and claim profits was true, but like I said I couldn't find the form he was talking about. Huge bummer. If I can find a written agreement, I should be set, right?

You won't find a written agreement, unless mom and dad are stupid enough to enter into one at this late date.
If you create one, that could be a problem for you.
You aren't, nor can you become a party to their divorce.
Their divorce involves only the two of them.
I think that lawyer was "joshing" you, or wasn't a REAL lawyer.

 

[ERjunior]

You won't find a written agreement, unless mom and dad are stupid enough to enter into one at this late date.
If you create one, that could be a problem for you.
You aren't, nor can you become a party to their divorce.
Their divorce involves only the two of them.
I think that lawyer was "joshing" you, or wasn't a REAL lawyer.

Wouldn't surprise me about that lawyer. I've had bad luck with all lawyers in this county that I've spoken to in the past, let me tell you. It's a shame because I kind of liked him. I'm aware the consequences of faking an agreement, but I remember my dad sending a letter to mortgage company telling them that I'm paying for the mortgage and let me talk to them concerning the mortgage, which didn't happen unfortunately. I suspect that won't do as it needs my moms signature as well, I bet.

 

[army judge]

Even if such an agreement existed, you couldn't use it at their divorce.
What you can attempt to do, is offer them money to buy the home.
If they wish to be fair, they could lower the price because you're a relative, and you've been keeping the boat afloat these many years.
You might start by throwing an offer out: Mom, Dad, would you agree to sell me the house for $5,000 (whatever you believe to be fair) each?

Lastly, you might have a case in equity. You've been the major mortgage payer. So, you could attempt to establish a claim on ownership (equitable distribution and all that) by arguing before the court that you should have a share, if not all of the home.

See a lawyer in a neighboring county. Good luck, you impress me a decent and fair fellow, so try negotiating first.

 

[ERjunior]

Even if such an agreement existed, you couldn't use it at their divorce.
What you can attempt to do, is offer them money to buy the home.
If they wish to be fair, they could lower the price because you're a relative, and you've been keeping the boat afloat these many years.
You might start by throwing an offer out: Mom, Dad, would you agree to sell me the house for $5,000 (whatever you believe to be fair) each?

Lastly, you might have a case in equity. You've been the major mortgage payer. So, you could attempt to establish a claim on ownership (equitable distribution and all that) by arguing before the court that you should have a share, if not all of the home.

See a lawyer in a neighboring county. Good luck, you impress me a decent and fair fellow, so try negotiating first.

I'll be visiting a lawyer tomorrow, albeit a public service one who can only provide me paper work instead of legal advice. I was unsuccessful in finding any documents my parents have written for me, so a negotiation might have to be the only step if a new agreement would be sufficient.

 

[army judge]

I'll be visiting a lawyer tomorrow, albeit a public service one who can only provide me paper work instead of legal advice. I was unsuccessful in finding any documents my parents have written for me, so a negotiation might have to be the only step if a new agreement would be sufficient.

If you approach it calmly, rationally, and fairly; I'm sure they'll see what you're trying to do.
In fact, you could offer them each $4,000. You might say, $500 each upon the sale, and $250 to each every month until you've paid out the $4,000. To show everyone's hand, you could have them sign over the deed after you've paid out the agreed amounts. In the meantime, you'd agree to keep the mortgage current.

Maybe you don't want to BUY the home outright, either? Maybe you only ask to be on deed. You have many options. In fact, you've already done the heavy lifting by keeping things current. That's worth something, my friend. Think about what you believe to be fair. They're your moms and pops after all. If you can't test each other, why bother? Let me know how you're getting along. I might even do a this or that, pro bono.

 

[ERjunior]

If you approach it calmly, rationally, and fairly; I'm sure they'll see what you're trying to do.
In fact, you could offer them each $4,000. You might say, $500 each upon the sale, and $250 to each every month until you've paid out the $4,000. To show everyone's hand, you could have them sign over the deed after you've paid out the agreed amounts. In the meantime, you'd agree to keep the mortgage current.

Maybe you don't want to BUY the home outright, either? Maybe you only ask to be on deed. You have many options. In fact, you've already done the heavy lifting by keeping things current. That's worth something, my friend. Think about what you believe to be fair. They're your moms and pops after all. If you can't test each other, why bother? Let me know how you're getting along. I might even do a this or that, pro bono.

I'll make updates in this thread, then.

 

[ERjunior]

So the main focus right now it to just keep the house from having to be sold on the market. The original intention seems way too out of reach at the moment and further attempts at it would only waste time.

Right now I'm trying to figure out how my dad can put the agreement to leave the house alone back on court. The lawyer I talked to said that my mom would have to start one instead of trying to bring back the other one that the judge withdrew. It was withdrawn because my mom didn't agree to ever signing the agreement and the judge allowed the objection.

 

[army judge]

Dad's lawyer can submit a motion to be reheard on the previously rejected request.
That will at least buy more time to negotiate and pursue YOUR side deal.

As suggested, see if they'll agree to selling you their home.
You might try broaching the subject of a "land contract", essentially renting you the home with a future option to purchase after certain monies have accrued.

 

[ERjunior]

My dad doesn't have a lawyer, at least not yet. We're looking into making an appointment with a Pro-bono lawyer. We just have to convince my mother that if she tries to sell the house, nobody, not even her, will have a place to live. Although she is crazy enough to do it despite the consequences. She's had a history of mental illness, but unfortunately the hospitals won't give us their reports to use in court due to privacy act.

 

[army judge]

My dad doesn't have a lawyer, at least not yet. We're looking into making an appointment with a Pro-bono lawyer. We just have to convince my mother that if she tries to sell the house, nobody, not even her, will have a place to live. Although she is crazy enough to do it despite the consequences. She's had a history of mental illness, but unfortunately the hospitals won't give us their reports to use in court due to privacy act.

Unless dad signs off, mom ain't going to sell the house.
If she's mentally ill, dad can seek an emergency mental health evaluation.
Heck, even if she's as nutty as I am, once dad balks at any sale; no buyer or realtor will waste time selling the house.
I agree, cooperation is required.
But, dad has as much say as mom.
So, not to worry, much.
As long as dad agrees with you, you've still got game.
Mom or dad would have to seek court approval for petitioning (forced sale of the home and equal split if the profits overseen by the court, plus the court's cut) to have the house sold.
Meanwhile, back on the ranch, you and dad should start working on the mortgage company's consent to your idea.
All the lender wants is to be paid.
They want money, not homes.
Continued success.

 

[ERjunior]

Welp. Things took a turn for the worse. Dad's been super crazy over reacting and making a fit because the law doesn't do everything he wants. It's gotten to the point where he's being a danger, not physically, but mentally. There's also suspicion that my Mom could be lying about not selling the house, now. Finally, the rest of the family has given up on even assisting anyone for the divorce case. It's getting so bad here that keeping the house has become less important and getting away from everyone with my sister seems the more mandatory. I might lose a lot of profit if I'm just leaving, but things are looking so bad right now that I doubt it's worth it.

Confused at the moment, which leads me straight back to square one. Lovely.

 

[army judge]

Divorces often bring out raw emotion.
When you observe craziness, it's best just to back off.
Safety first.

 

[ERjunior]

Well that's what I want to do, but now I'm being nagged by my father who's incredibly out there with his ideals. This was evident from past lawsuits he's been in, but he was the only caregiver of the family. Now that he's complaining that there has to be a trial for a restraining order, instead of the court automatically granting it to him (which doesn't happen from what I understand) I realize he's nuts. He's like a wannabe Caeser Chavez, always thinking he can fight for what he wants. When he can't, he gets angry at the law and starts throwing an angry fit. It's affecting my sister and I sure as hell am not willing to put up with this anymore.

No, I think I'm done. I'll look into what I can do to get away from the entire family and take my 18 year old sis with me. They can have the profits from the house. As long as I can find a good place to live with my low income SSI payments and make sure I and my sis stay away from all of them, I'm good.

Thanks for your advice and I really appreciate all the time you've spent talking with me. I really do. If there's anything I can take from this is that people like you can be kind while delivering the harsh truth of a problem. At least I can take it like a human instead of being a whiny wannabe Caeser Chavez like my Dad.

 

[army judge]

No worries, my friend. You'll do well because you're doing something, not just whining.
Contrary to popular myth and urban legend, the government in the US is as bad as governments elsewhere.
The law concerns itself with the wealthy, not the rich, the middle class, or the poor, just the wealthy.
Those with rooms full of gold get all they desire and more.
Those of us with a gold bracelet, a picture of a gold bracelet, a ring or two, get the golden shaft. LOL
Fare well, friend.