Legal Question in Real Estate Law in Maryland

Do I have any rights?

I would like to know if my husband and I have any rights, We have a house and mortage, which there are three names on the loan. If one of the third party faults as far as paying there share of the rent can we hold them lieable, for there share. This third party is my husbands grandmother. She agreed to pay 400.00 dollars a month to us to help with the mortage. With out us she would of lost the house. This has made it very hard for us. What can we do

Thank You

--name removed--Berry


Asked on 7/23/01, 7:27 pm

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Re: Do I have any rights?

You present a classic problem that often occurs when family members undertake what is in essence a partnership--and don't formalize it by any writings. There is perhaps an implied obligation among the co-borrowers to contribute an equal amount to curtail indebtedness, but this isn't necessarily a hard and fast rule. If you want to keep the property, you need to either formalize your agreement with the grandmother or try and buy her out. At the very least, keep good records demonstrating that you are making the payments to the lender, so if down the road you sell the property, you can document your claim for a greater share of the sale proceeds.

Of course, it the deed says you own the property as "joint tenants with right of survivorship", you and your husband will become the sole owners when his grandmother passes. If instead it says you own it as "tenants in common", her share will pass through her estate at that time.

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Answered on 7/24/01, 2:02 pm


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