QUESTION

What should I do if my mother-in-law wants to be on deed of house? How?

Asked on Sep 14th, 2015 on Landlord and Tenant Law - Michigan
More details to this question:
Mother-In-Law is helping us with a generous down payment on a house. To protect herself she is asking to be on the deed as a 1/4 or 1/6 owner, but not the mortgage. My question is how could this impact me in the future if she is on the deed in the event of divorce, or in general with having her "own" the house with us? Would appreciate any advice, hopefully I never run into a situation this would come into play but I just want to know any negatives that could come from this is the long run upfront before moving forward with her offer.
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2 ANSWERS

A mortgage does not show ownership, it shows you borrowed money. You need to check that the bank would lend you anything with her not being a co-signer on the loan as normally they would not [if she owns 1/4th of the house, then the bank can only look to 3/4th of its value to guarantee their loan to you, and they will not lend you more money than the value of your interest is in the property, and normally they are not allowed to lend more than a certain percentage]. She also is responsible for her percentage of the property taxes, but the county will look to you for the full amount as they do not take partial payments. In any such agreement, you need to spell out in writing what everyone's duties are, how the house can be sold, can she transfer her interest to someone without your permission, what are her rights of usage [all owners have the right to live there and can not be charged rent absent an agreement to the contrary]. What happens when she dies to whom does her interest pass, will you have to sell the house, etc. You both have to think very hard as to whether you want this type of arrangement [as opposed to her just having a second mortgage that is acceptable to the primary lender]. Speak to a local real estate attorney as such a deal can become very messy.
Answered on Sep 15th, 2015 at 6:19 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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See an attorney and offer her a second mortgage on the house.
Answered on Sep 14th, 2015 at 3:48 PM

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