Legal Question in Real Estate Law in Illinois

Assuming mortgage payments
When dad died, mother asked son and family to move in and make house payments because she couldn't afford them. She said she couldn't live alone. They sold their own home. Verbal agreement to buy her out as finances permitted. Now 10 years later. All payments except 3 tax pyts been made by son. He also cared for her when she was hospitalized with a fractured skull and incapacitated for over a year. She was released into his care and he had power of attorney following her injury; so he was caregiver, too. Now she's home and wants to sell and keep all proceeds for herself. After 10 years! What is the son entitled to? The mother has been responsible for no maintenance, including the new roof, furnace, and kitchen. Son assumed that since he was there to care for her and it became his primary residence, there would be some equity sharing. For all 10 years, he was responsible for maintenance and upkeep, she didn't contribute. Now she claims it's her house and only hers, as if he was just a renter. Does he have right to any equity? If not for him, she wouldn't have all this equity that's built up over the last 10 years. Her position is shocking all concerned. Please help.

Asked on 4/20/07, 2:37 pm

2 Answers from Attorneys

Thomas Moens Moens Law Offices, Chartered

0 users found helpful

0 attorneys agreed

Re: Assuming mortgage payments

Honestly, there is no way this can be worked out amicably unless the son wants to just walk away from it. No, that would not be a fair result. However, the alternatives include lawsuits under various theories between mother and son. Very, very ugly. If that is the route he wants to go, he would need to contact an attorney, since any cause of action would be fairly complex--not exactly small claims. Whether or not he would be entitled to any equity depends on the facts, and who the judge or jury believes. Sometimes it is even more important to get things in writing between family members than it is with non-family members. Sorry I cannot give you a more positive response. Good luck.

Answered on 4/20/07, 5:13 pm

Mark as helpful