Results 1 to 4 of 4

Hybrid View

  1. #1
    Join Date
    Dec 2012
    Posts
    1

    Default My Mother Wants to Sell the House I Live in

    My question involves estate proceedings in the state of: Arizona
    Hello.

    My grandmother passed away a year and a half ago survived by only my mother(my grandmother's daughter) and myself. My grandmother paid off her house many years ago and always asked me to take the house when she passes. To keep everything simple, and for the lack of sounding greedy, at the time I had told her to just will everything to my mother(her daughter) and we will divide everything when that time comes. I have been living in my grandmother's home for quite sometime now and in of October 2011 my mother finally added my name to the deed along with her name, making the property joint tenants with the right of survivorship. My mom has her own home across town and has no desire to live here much less put any money into repairing, upgrading or maintaining my grandmother's house. All of that has been coming out of my pocket since she passed April of 2011.

    All of a sudden, my mother tells me she wants to sell this house and split the money with me. I don't want to sell because I want to fix the home up and live here for an undetermined amount of time. Since I don't want to move, she is threatening me with a lawyer. She says I either have to pay her rent, buy her out or sell the home and split the money with her. Like I said, I don't want to move. My mother doesn't have any desire to put any money into this home and the only interest she has is making money from it.

    Can someone help me understand what my rights are?

    Thank you!

  2. #2
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: My Mother Wants to Sell the House I Live in

    Quote Quoting loribronson
    View Post
    My question involves estate proceedings in the state of: Arizona
    Hello.

    My grandmother passed away a year and a half ago survived by only my mother(my grandmother's daughter) and myself. My grandmother paid off her house many years ago and always asked me to take the house when she passes. To keep everything simple, and for the lack of sounding greedy, at the time I had told her to just will everything to my mother(her daughter) and we will divide everything when that time comes. I have been living in my grandmother's home for quite sometime now and in of October 2011 my mother finally added my name to the deed along with her name, making the property joint tenants with the right of survivorship. My mom has her own home across town and has no desire to live here much less put any money into repairing, upgrading or maintaining my grandmother's house. All of that has been coming out of my pocket since she passed April of 2011.

    All of a sudden, my mother tells me she wants to sell this house and split the money with me. I don't want to sell because I want to fix the home up and live here for an undetermined amount of time. Since I don't want to move, she is threatening me with a lawyer. She says I either have to pay her rent, buy her out or sell the home and split the money with her. Like I said, I don't want to move. My mother doesn't have any desire to put any money into this home and the only interest she has is making money from it.

    Can someone help me understand what my rights are?
    No matter what your grandmother said to you verbally, your mother is the half owner of the house and has the right to ask for her share of the equity in one form or another. The one thing that you do not want to happen, if it can be avoided, is a partition suit (which is what she would have to do to take you to court), those are very expensive and you often don't get full value for the house.

    So, your choices are paying her 1/2 rent, or buying her out.

  3. #3
    Join Date
    Jul 2012
    Posts
    479

    Default Re: My Mother Wants to Sell the House I Live in

    Did granny have other kids who died? Just curious.

    Ultimately, what granny did with her interest was her choice, and I'm afraid any discussion about what your mom would do with (formerly) granny's share wouldn't be enforceable. In other words, your mom didn't have to sign over half (?) interest to you in the first place, since she was her mom's only lawful heir (unless granny left you X in a will). Your mom somehow had the power to sign over half (?) interest in the place (I suspect mom and mom owned jointly w/ right of survivorship and your mom became sole owner when her mom passed ... and that's why your mom chose to sign over half interest to you and keep it JTWROS).

    Whatever the carrying/maintenance costs are is likely far less than 50% of fair market value (let's say mom wants rent for her share), but you'd know better than we. You're free to unilaterally choose to "upgrade" the place, but any increase in value benefits both you and mom (you're free to point that out to her, with the help of a realtor or two's market assessment based on upgrades).

    You don't "have" to do anything unless a court of law says you do (and you run out of appeals, if you lose).

    "Can someone help me understand what my rights are?"

    Your rights are to ignore her unless/until she does something (like inviting unsavory folks to come live there because you won't hand over some rent), hand over 50% of fair market value rent (or whatever's fair if you can agree), or offer (in writing) buy out her interest. You don't have to educate her on her options, but if you refuse to buy her out or put place up for sale, her recourse legally would be to file a partition action and ask a court to order it sold.

  4. #4

    Default Re: My Mother Wants to Sell the House I Live in

    It sounds kind of harsh for a mother to evict her own daughter knowing you like living in grandma's house.
    Can you sit down and talk to her,understand where she is coming from,it could be she needs the money?
    may be offer to pay her 1/2 rent money ,see if it is acceptable,afterall she owns 1/2 of the house.

    1. Sponsored Links
       

Similar Threads

  1. Recovery of Premises: My Wife and Her Mother Own the House We Live in, Can She Kick Me Out Without Evicting
    By markaj85 in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 11-17-2012, 01:59 AM
  2. Can I Sell My One-Third of House
    By Eclipse07 in forum Buying, Selling and Conveying Real Estate
    Replies: 1
    Last Post: 06-13-2011, 08:48 PM
  3. Can I Sell My 50% Of A House In California
    By kkc2007 in forum Real Estate Ownership and Title
    Replies: 1
    Last Post: 02-29-2008, 12:31 PM
  4. Co-Ownership: Can My Ex- Sell The House Without Me?
    By lookingforanswersnow in forum Real Estate Ownership and Title
    Replies: 3
    Last Post: 05-06-2007, 07:38 PM
  5. Sell of House
    By dawn123 in forum Estate Planning, Administration and Probate
    Replies: 1
    Last Post: 12-05-2005, 09:22 PM
 
 
Sponsored Links

Legal Help, Information and Resources