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I was wondering what rights I have, I have lived with my dad for 10 years and pay bills/ mortgage he recently passed away and my mom who never divorced my dad wants to move in as she is on the deed, but also has not lived there for 10 years, she has no income and wants to move in immediatly and me to continue to pay the mortgage in full
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If your mom is on title the legal presumption is that she owns the property. That being said you appear to be in a reasonable negotiating position with her given the fact that she has no ability to pay the mortgage and she wants you to continue to pay it. Perhaps you can negotiate an agreement with her whereby you will agree to continue to pay the mortgage and she will add you to title.
You also may very well have a claim that you should be entitled to reimbursement for the amounts you have paid on the mortgage over the last ten years, although your claim would likely be offset by the value you received from being able to live at the property.
How is title to the property held?
Jon
Answered on Feb 25th, 2015 at 2:19 PM