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I'm hoping this is the right place to ask this unique question. My parents are going through a divorce and my mom wants to put the house for sale while my dad doesn't. I've paid for their mortgage for 15 years, now, and whatever happens I want my say in the matter, or at least get my cut for all the years I've paid for their house, plus interests. I heard of a form to file to get me involved in their divorce case as a claimant of property, but I'm having trouble finding it.
I live in California. The parents, or at least my dad, doesn't know the marketing value of the house and I doubt he can buy out. My intention is somehow taking ownership from them, or at least force the court to give me the profit. Perhaps that'll force my mom not to sell if she's not getting a lot from it. (she never paid for the house, by the way.)
Some things to note. The mortgage payments have been overdue for the past 4 years, as I'm barely paying for the original payment while my parents have not even tried, and the mortgage is in their name. There's also probably a pipe leak that none of my parents wants to fix, so I might end up doing the work myself. My 18 year old sister lives here and can't afford to live somewhere else. (No family member can take her in) So I'm trying to prevent the sale first before going for profit.
That's all I can say at the moment. Again, I live in California, but laws from the other states might help with some insight. Thanks to anyone who took the time to read and respond.
You really need to be asking this of an experience property attorney. Normally, unless some form of agreement existed regarding the profits from the sale of the property, you have been gifting them the mortgage payments all these years. If they are the ones on the deed, and they are mentally stable, you have one heck of an uphill battle.
You only get one chance to fight this, do it right with an attorney. Why do you think you deserver interest and profit if you aren't the owner, did anyone agree to you lending them money? Did they ask you to work with an agreement, if so then you might be able to put a lien. This is not legal advice. Attorney will help separate emotions and law.
Like the others said, get the advice of a real estate attorney. But it sure appears that if there was no written and signed agreement regarding a transfer of ownership interest to you for what you've done, you will be fighting a losing battle. The payments would be considered a gift.
.......I've paid for their mortgage for 15 years............The mortgage payments have been overdue for the past 4 years
It appears you have not been paying the mortgage. Have you talked to them about how far along the foreclosure process is? Its possible they could loose the home to foreclosure before the divorce is finished.
Quote:
Originally Posted by ERjunior
and whatever happens I want my say in the matter, or at least get my cut for all the years I've paid for their house, plus interests. I heard of a form to file to get me involved in their divorce case as a claimant of property, but I'm having trouble finding it.
If you are not on any of the legal paperwork for the home, your out of luck. What will likely happen if no one can afford to buy the other one out, the court will force the sale of the home and it will be split 50/50 with you receiving nothing.
You've said you're barely paying the original note and yet the payments are 4 years past due. Does that mean there is a second mortgage on the property ?
Whatever the case, if payments are four years past due on the house without doubt there will be a lis pendens filed against it. That house is not selling without the lis pendens being taken into account. How far along is the foreclosure process ?
After figuring out any mortgages on the property, plus fees, interest, etc. there may not be any profit left. You need a good local real estate attorney as, with nothing in writing, you really have no claim to the property.
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