Ma. Question:im living in the house I grew up in. Through the years making significant changes;my mother and I areboth on the mortgage. 9which she took out on the house to build her new house down on the lake once my step father passed away 13 years ago. She holds the deedto the house. She married her first cousin and he wants to sell the house to get me out. My question is what kind of rights do I have since I hold the note but she holds the deed? And if the house is sold do I have any rights to any of the proceeds? Does her husband /cousin have the right to throw me out of my own home?

Viktoriya S. ∙ December 26, 2019

Unfortunately, not having your name on the deed for the property may cause you some problems in the future. Since only your mother is on the deed she is considered the owner of the house and can sell the property. Holding a Note will not give you any rights to the proceeds from the sale. You can ask your mother to add you to the deed for the house; however, you need to make sure the lender will allow to do that as well, in that case, you will acquire ownership rights to the property. In addition, if you mother purchased this house before marriage, then her spouse generally does not have any rights to her property and its considered as her Separate property.

Viktoriya Shaykhutdinova’s offices are located in Pasadena, California. Viktoriya Shaykhutdinova is licensed to practice law in in the state of California and her comments may only apply to that state. If your question applies to a different state, you should check with an attorney in that state. The information is not, nor is it intended to be a legal advice. You should consult an attorney for individual advice regarding your own situation. Answering this question does not in any way constitute legal representation and any information you provide is not protected by attorney-client privilege.


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