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Have a somewhat unique situation, will probably get an attorney involved just to verify our position. Purchased a small house for our adult son that has a developmental disability that impairs his cognitive functions. Basically he's a ten year old living in a grown up's body. We provided the majority of the financing and credit history for the loan. Our son pays us back a portion of the mortgage from his disability income and a part time job he has. For estate planning purposes, we put his name on the title on the off chance anything happens to us and we can comfortably know that his living arrangements are taken care of.
Where this gets sticky, is now the ex-husband of my wife and biological father of my son has decided to come out of the woodwork and wants to escape the winter cold for a month in Arizona. The biological father claims that because our son is a rental tenant and we are essentially the landlords, we have no say as to who comes into our "rental". The choice is up to a developmentally challenged adult and the biological father plans to enter our house to stay for an extended visit. Had a chat with him to tell him not to enter our property, but he is convinced we have no right to keep him away. The biological father has a reputation for just showing up unannounced, so our fear is that he will just show up, settle in and wait for me to attempt to throw him out.
What is our standing on house guests? It's not a rental home, there is no lease. We pay the mortgage and utilities while our son pays us back a portion of it.
Are you listed on the mortgage at all? If so, then that is your property and he would be trespassing. Or if the house is 100% in your son's name and you have POA, I think you could still refuse to let his dad stay.
Are you listed on the mortgage at all? If so, then that is your property and he would be trespassing. Or if the house is 100% in your son's name and you have POA, I think you could still refuse to let his dad stay.
That's my ignorant 2 cents, FWIW!
not the mortgage, the deed but otherwise probably pretty accurate.
OP needs to clarify whether "put him on the deed/title" means only the son is on it, or whether all 3 of them are.
presumably further, as you note, if they have a POA over the son, then they would have some legal standing against bio-dad showing up and staying without their express approval.
Have a somewhat unique situation, will probably get an attorney involved just to verify our position. Purchased a small house for our adult son that has a developmental disability that impairs his cognitive functions. Basically he's a ten year old living in a grown up's body. We provided the majority of the financing and credit history for the loan. Our son pays us back a portion of the mortgage from his disability income and a part time job he has. For estate planning purposes, we put his name on the title on the off chance anything happens to us and we can comfortably know that his living arrangements are taken care of.
Where this gets sticky, is now the ex-husband of my wife and biological father of my son has decided to come out of the woodwork and wants to escape the winter cold for a month in Arizona. The biological father claims that because our son is a rental tenant and we are essentially the landlords, we have no say as to who comes into our "rental". The choice is up to a developmentally challenged adult and the biological father plans to enter our house to stay for an extended visit. Had a chat with him to tell him not to enter our property, but he is convinced we have no right to keep him away. The biological father has a reputation for just showing up unannounced, so our fear is that he will just show up, settle in and wait for me to attempt to throw him out.
What is our standing on house guests? It's not a rental home, there is no lease. We pay the mortgage and utilities while our son pays us back a portion of it.
Your son's name is on the title and contributes financially toward the mortgage payment. If he only paid you, he would be a tenant. Even with no lease, he would technically be paying you rent each month and he would legally be considered a tenant. But because his name is on the deed, he's at least a partial owner of the property. Depending on your laws, he's likely an equal owner.
In my opinion (I'm not an attorney) unless you retain some type of legal guardianship over your son, I'm afraid you cannot prevent him from having guests. I do think you should seek a legal opinion from a local attorney.
I would tell him son is tenant and can only have guests for 3 days max after that it will cost so much per day as if he was renting a room. He wants it free...tell him it will cost something like 800 a month in advance. Just my opinion.
If your son is on the deed, he owns the house. You can’t demand who he allows to live in his house. You just have to pay for it since you are on the mortgage.
I’d suggest you created this situation by making him the owner when you could have have used other ways of protecting his interests in the house.
Thanks, we just called an attorney. He is a higher functioning disabled adult and we purchased the property because he has a good track record of being independent. We go in and check on him every other day. There are three of us on the title. This was a curveball we didn't see happening, the biological dad suddenly decided to want to show up after being gone 5+ years.
The attorney is double checking, but because all three of us own the property jointly all three of us have a say to who can come on the property according to them. It's within our right to know who is in our home. Just a unique situation that we hadn't planned on.
You said your son is on the title. If he is competent and on the title, I don't see where you have any authority over the house. Note: I am not an attorney, and am usually wrong about things!
It just seems to me that the money you are giving to him or on his behalf is just a donation with no strings attached.
Is there a reason you object to his father staying with him? What does he say about it?
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