Legal Question in Real Estate Law in Nebraska

Is it still my house?

During my divorce, my mom bought a house and she, me and my kids agreed to live together, I would pay the house payment, and we would pay 1/2 the bills each. I owned another house, so to save money, we agreed she would get a refinance loan on the new house and pay off my house and add it to the payment, which I still pay. My husband and my names are still on the house deed that we own, but my mom insists that she now owns it our house because she refinanced to pay it off. I consider that a gift. We never agreed that it would ever be her house. Is it still my house and how can I keep her from laying claim to it if it isn't?


Asked on 6/08/07, 1:27 pm

1 Answer from Attorneys

Duke Drouillard Drouillard Law, LLC

Re: Is it still my house?

You should contact a lawyer to untangle the mess you've made. You say you are divorced and you say you have a husband. Pick one or the other, you can't have both. If you are divorced, why is your ex-husband's name on the deed to the house? What are the terms of your property settlement regarding the house? From what you have stated, you and your former spouse jointly own your former residence free and clear of any mortgage. Your mother owns her house subject to the mortgage you are currently paying. You owe your mother for the amount she paid to pay off your old mortgage, less any payments you have already made. Your mother is free to tell you to leave at any time and still compel you to make payments on the amount she paid to pay off your old mortgage. If you are unable or unwilling to make those payments, she may get a judgment against you, and have the court order your old house sold to satisfy the judgment. It would be better for the both of you, if you had an agreement in writing as to how much is owed and the terms of repayment, but even without that the court may order a judgment against you. You shouldn't have assumed the payoff was a gift. If it was a gift, your mother would have to file a gift tax return with the IRS and pay any necessary taxes on the amount she gifted. By having your ex-husband's name on the title, you may not sell the house or borrow against it without his cooperation or a court order. If he is sued, they may take your old house in any judgment against him. There are a number of other problems suggested by your question, but this answer should make you sufficiently aware of the need to see an attorney to untangle this mess. It is very likely to cost you more to correct this now, than if you had consulted a lawyer before making all of these commitments.

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Answered on 6/08/07, 2:17 pm


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