Legal Question in Real Estate Law in New Jersey
Rights to Property Based on Name on Deed
My name appears on the deed to the condo I have
resided in for 14 years. The property was paid for with
insurance money by my mother when my father died.
When the property was purchased, my parents names,
my name, and my sister's name were put on the deed.
We all signed the legal documentation for the purchase
and we were all involved in getting the mortgage
approved. My mother states she is the full owner of the
property because she paid the mortgage in full with
insurance money. My mother wishes to have my name
removed from the deed and states I do not have any
legal rights to the property. Is she correct, and what
options do I have to protect my interest in my home? My
father bought the property so I would always have a
place to live.
1 Answer from Attorneys
Re: Rights to Property Based on Name on Deed
Your name on the Deed gives you ownership rights. Your mother could make a claim for contribution to the purchase from the insurance, but her waiting all these years should bar her from making the claim. She could also bring a claim for partition, but this might require she buy you out. Have you ever contributed any money to upkeep, taxes, insurance or other operating costs? How old are you now? Has your mother ever filed gift tax returns for the moneys she paid on behalf of you and/or your sister? Many answers are needed to give you a better answer. If litigation is started expect your mother to seek reimbursement for all funds paid over the years, unless she owed you an obligation to support you while you were a minor.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
