Legal Question in Real Estate Law in California
Person on the deed doesnt pay the mortgage.
My husband and his sister were left a home by there mother who passed away. He has been paying the mortgage and all of the bills for about 10 years while she lived there basically free of charge. Now, she has moved into an apartment and wants us to sell the property so she can have half of the proceeds. She is on the deed, my question is: Is she entitle to half due to her being on the deed, even though if he never made the payments it would have been foreclosed on and out of the picture?
Thank you for your help
2 Answers from Attorneys
Re: Person on the deed doesnt pay the mortgage.
He is entitled to credit for the payments that he made in support of the property. He should also be entitled to an off-set for her free rent. Do an economic calculation and if she won't agree, then consider a partition lawsuit.
Re: Person on the deed doesnt pay the mortgage.
Certainly, your husband will be entitled to reimbursment of some or all monies put into the property and possibly, entitlement for his share of use of property while she inhabited the property. Many uncertainties but would be happy to speak with you in this regard to discuss.
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