Results 1 to 2 of 2

Hybrid View

  1. #1
    Join Date
    Feb 2006
    Location
    NY
    Posts
    1

    Default Is my home susceptible to my fathers marriage?

    My retired/disabled father and I jointly owned a parent/child home in which we both reside. This came about when my mother died, he put half his home in my name so we could remortgage and more than double the size of the home. The home was legally built and the town has a restrictive covenant on the property; every three years we must go b4 the town zoning board and both show proof of residence, that we still live there together. They are very strict about no rentals and the occupants be parent child. He contributes his share of the utilities and is slowly repaying me for paying off all his debts when we mortgaged to build the home. It comes to less than 1/6th of the mortgage/property taxes, its all he can afford with his Soc sec and a small retirement plan. I pay the rest. I don't make a profit at all on our arrangement. His expenses are about 1/4 of what they would be if he had to rent in our area or took out his own mortgage. He couldn't get by without me.

    He remarried shortly after this living arrangement was made, 8 years ago. The woman was jobless, homeless, staying with friends and and wasn't the nicest person, they fought alot, but he loved her and what could I do (Ah, the role reversal). I was concerned she was looking for a place to winter rather than a life and a husband. We both became concerned that his share of our home was suddenly at her mercy. If dad was to die or she wanted out of the marriage, the house was liable. So only weeks after the union, dad signed the deed over soley into my name. The mortgage is also solely in my name.

    Over the years she has become emotionally abusive, even, on occasion, physical. She seems very confident in thinking part of our home is hers anyway and if he tries to end the marriage/throw her out she will get her share or when he dies, be able to live on there or get a cut of the property value. It might sound cruel but I promised my mother I would take care of my dad, I feel no obligation to take care of this woman or pay her off when he is gone. She has her own daughter she can cash in on.

    We were told when we put the house and mortgage in my name that it was safe from this sort of thing. But I have recently read stories that turn out differently. So that is my concern. If there is still some susceptibility, is there anymore legal steps we can take to protect our property? If not, How much could be get out of us?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default

    A deed signed only by your father won't affect his wife's interest. She would have to deed her interest over to you.

    1. Sponsored Links
       

Similar Threads

  1. Rights to Home Purchased Before Marriage but Paid Off During Marriage
    By moppet in forum Estate Planning, Administration and Probate
    Replies: 2
    Last Post: 02-20-2011, 10:34 AM
  2. Division of Assets: No Home After Divorce
    By anon300 in forum Divorce, Annulment and Separation
    Replies: 1
    Last Post: 10-14-2009, 10:48 AM
  3. Refinancing Or Retitling A Home After Marriage
    By Clare in forum Real Estate Ownership and Title
    Replies: 1
    Last Post: 01-06-2008, 10:03 AM
  4. Property Division: Wife's Claim to Home Purchased Before Marriage
    By User Name in forum Divorce, Annulment and Separation
    Replies: 1
    Last Post: 12-28-2006, 06:39 PM
  5. Property Division: Equity in Home Purchased Before Marriage
    By mikelbr in forum Divorce, Annulment and Separation
    Replies: 1
    Last Post: 05-05-2006, 01:15 AM
 
 
Sponsored Links

Legal Help, Information and Resources