Legal Question in Real Estate Law in Massachusetts
Property (Real Estate)
My Husband and I purchased a property in Jessup, PA. My son and his new wife occupy the property. It was agreed that by March of 2007, the property was to be taken out of our name and placed in theirs. They were to essentially take out a loan and buy it from us. This was never put in writing, and as of yet they have done nothing about it. We want the home out of our name. Is there any legal way of doing this? If so what do we do. My Husband and I live in Massachusetts.
3 Answers from Attorneys
Re: Property (Real Estate)
It depends upon what your needs and goals are. If you have a mortgage on the property which you need your son to pay off, he needs to agree to buy the property and pay off the mortgage, along with whatever additional amount you are expecting from him.
Likewise, if you were expecting rent from them in the interim, you could send them a demand letter, but that might not be what you are looking for.
If, on the other hand, you have the financial resources and you simply want to be done with it, and there is no mortgage, you could deed the property to your son (and or his spouse), and have him acknowledge an "advancement" on any monies that he would inherit from you.
It is very difficult, without knowing more, to know how this fits into your overall financial situation, whether it is or should be part of your estate planning, whether you have other potential beneficiares, etcetera. However, this is not the type of information which you should share on a public forum such as this website.
Please feel free to contact me if you wish to discuss the matter.
Re: Property (Real Estate)
You can inform your son, that he can either take out a loan and buy the property or you are going to sell it.
Since you and your husband own the property, you have every right to sell it to whomever you want. If your son and daughter-in-law want the home they can buy it at an agreed price.
I assume your son and daughter-in-law are paying rent that is at least enough to cover mortgage payments. If not their ability to buy the home even with good credit may be doubtful. I would start by asking why they do not want to buy the home from you or why they think they can't do it.
However, if you decide to tell them to buy it or we will sell it, your action will no doubt cause a significant rift in your family.
Good Luck
: Property (Real Estate)
The first issue is why you want to transger.
The second is for what purpose you wish to tranfer it.
Finally, you can trasnfer the property, theoretically, to any person or any entity. Apparently your son is doing nothing. I am not sure why you would want to force your son to assume title of the property. The mannter of transfer is by deed, and this is regulated by PA law.
Should you have any quetions, contact me.