I met by boyfriend 10 years ago, his mom offered to help us get a house at that time, she put a $1500 down payment, house was in her name. We repaid her the 1500. Fast forward to now, we are splitting up, we have a child together. Who keeps the house? Never married. Like I said the house is in his mom’s name, but we’ve lived there and have made payments for 10 yrs and have been fixing it up. Do I legally have any ground to stand on?
His mom owns the house and you’re basically renting it from her. So you might want to start looking for a different place cause I guarantee you his mom will always chose her son. You guys should’ve had the stuff changed into your guys names instead of keeping it in his moms name.
Speak to a lawyer and take this as a lesson learned. She can basically say yall have been paying rent its her house in her name.
It’s his mom’s house, point blank. Maybe talk to her, see what her plans are then go from there. Legally tho, she does have to give you a legal notice for you to leave.
Her name, her house! And I dont believe any attorney will tell you anything different regardless of what state you are in.
Learning lesson …get things in writing so you have a leg to stand on…paying for something for 10 yrs and now nothing to show for it…it’s like you were a renter …
There are so many factors. Does your state honor verbal agreements?(yes they’re hard to prove but they’re legally binding in many states) Did you make payments together or separately? Were the payments made to his mother or directly to the mortgage company. One will be considered rent and one, in a lot of states, can establish a type of ownership. Does your state recognize common law marriage? So many factors to consider, you need to speak with an attorney in your area for an accurate answer.
Most states have their own laws concerning these issues. So you’re going to get varying answers on here.
If it’s in his moms name that’s up to her and she’ll most likely say her son. I’ve always felt that whomever the child lives with should keep the family home as not to disrupt the child as much but when you’re not married and it’s in someone else’s name there’s not much legal recourse you have. She could say to hell with ya both, I’m gonna sell it and you’d be out all the money you’ve put into it. Unless there was some type of legal contract made up there’s nothing you can do.
If you don’t have legal documents saying that the house is being sold to the both of y’all with both signatures on it you don’t have a case so he keeps the house cause it’s in his moms name
The mom owns the house. In essence, you are renters, regardless of what you’ve paid. The mom will keep the house.
You are keeping the house, it’s your child’s home. Never mind of parents breaking up, it’s even worse when she/he has to also move out of his/ her home
Nope. House is in her name. It’s her house.
If house is in Mons name this would be near impossible as any payments to her will just look like rent
Moms house…wasnt dumb having it in her name protected him! Id do that for my sons too…sorry to sound harsh but expensive lesson learned!
I would speak to a lawyer. Call legal aid. It’s always loop holes with everything.
Talk to a lawyer that’s not scared to get dirty…you don’t want a nice, respectful lawyer for this situation. If you paid the full mortgage amount and it came from an account with your name on it for those 10 years and you have utilities with your name on it, then you can make a claim in court. It’s not a slam dunk, but it can be done with a good attorney - you have to decide if it’s worth it financially to fight it.
Are you in state that recognizes common law marriage? If so check with a lawyer.
Ask your lawyer! Only a lawyer can actually help with this answer. You may very well have a case, but that is depending on what state you live in. If you want a chance, get a good lawyer. The answer you are looking for really cannot be found here.
If nothing is in writing it’s her house. Even if y’all was married it wouldn’t matter if nothing was wrote up
This is why I always tell my kids to never share anything with their partner until they are married and make sure there is always documentation with signatures.
It’s the mothers house. Regardless how many payments you made, that’s rent. You can’t live for free and that’s exactly the route they’ll take.
Went through this but we were married. The house was in his dad’s name. I gathered up all the cancelled checks were we made the payments and gave them to my lawyer. Got my money back.
If it’s in his mom’s name than she does .unless you have a contract saying that the money you paid was going towards you guys buying the house from her . otherwise you were just renting .You need to start looking for a new place because family will choose family meaning she will chose her son to live there
If it’s in her name it’s hers from my understanding. If it was in one of your names you might have some ground to stand on. You can try contacting a lawyer or getting a loan to see if she’ll let you buy her out.
O nooooo
If it’s in her name
And your not on any of the paper work
Legally I don’t think you can do anything at all if it goes to court it’s up to whoever owns the house
Not your house no way to take it to court… I would talk this situation out with your ex and her and see if she will sign over in your name if not… than sucks for u
House is in his mums name
If it’s in her name and you guys have a fall out she can legally evict you
You legally have no say.
Mom keeps the house. Even if you had been married with it in mom’s name you don’t have any ground to stand on
Nope if it’s in his mom’s name you have no rights
No you don’t, unfortunately!
If it’s in his moms name you will be leaving… legality says you have no rights to the home
Unless you had something in notarized writing with her that you get equity from the house should you split up, the answer is she owns it and you really have zero claim on the house.
That’s his moms house
Depending on where you live you might be able to use common law. Not legally married but basically just no papers. If you specifically made money to go into it and you are keeping the kids…maybe. get a good lawyer
Ask to buy it from her an add what you have paid already. Use as down payment
It’s his mom’s house. Doesn’t matter what you paid.
The house is in his moms name … it legally hers so she can kick both of you out but more than likely she will let her son stay .
It’s moms house so she gets to decided who lives there. It don’t matter how long you were together or how many kids you had
Technically, you’re tenants.
I believe the house is in her name so it is her home. But if you are getting mail you can stay their. He has to take you to court to kick you out.
Just let the house go.
You can always get something better down the line.
Yes it’ll suck starting from scratch. But you got this.
Legally you don’t unless there is notarized paperwork.
It’s in his mom’s name the house is technically his mom’s therefore his
You basically got screwed tbh
Unfortunately without marriage neither one of you have any rights to the house, it’s technically his mothers
Mom keeps it. Sorry
If it’s in the Mums name her house,If you are splitting up and keeping the child his Mum should let you keep renting it and him move out.
That’s his mom’s house
I think whoever the child will be with primary.
Not much. Have you kept any receipts for any improvements you have made that have increase value?
Sounds like you’re a renter so nope
If the house is in his mother’s name then she should be the one you talk to about the house. Legally she owns the house so all she has to give you is a notice.
You have no say. Its in her name.
No legal ground. House is his Momma’s
It’s his mom’s house. Neither of you own it.
You don’t get the house you have absolutely no ties to that family get your own house that’s her sons house not yours. Yall aren’t married you don’t get that house and it’s in HIS MOMS name. Nice Try though lol
You’re screwed unfortunately. Cut your ties and move on.
Is it still in her name? I just went through this you’re more than welcome to contact me? Do you have any proof?
Not if you’re not married unfortunately no x
You probably don’t have a leg to stand on for this one
If the house is in the moms name, no… It’s in her name and has legal rights. Unless there was an agreement of like a rent to own or something but if not, she has final say. You could talk to a lawyer as it can be different in different areas, but where I live, if it’s someone else name… No you don’t have say over the house
He keeps the house tf?
I would say he does. Sorry
And you take this as a lesson learned. And move on with your life.
Lol his mom would keep it because it’s hers. Get your own place.
You have no grounds. It’s his moms house. End of story. But she can’t just kick you out especially if you have proof of being there for years
You absolutely do. Please contact an attorney. (I am in the legal field).
Nope. Its the mothers
Its his mom’s house then
The only thingnyou get to keep is the lesson you learn from it unfortunately.
Technically his mother is the homeowner and they could just look at it as you guys paying rent in her home so you are probably not going to get anything
Comes down to whose name is on the deed. 🤦🏼♀
If you paid for the house and fixed it up inside, you can possibly get an order for her to repay you half for all of the repairs. As far as keeping the house? The son would because it’s in his mothers name.
Only if you can prove with bank statements that you’ve made the payments.
You don’t have a case unless you have something in writing
Neither of you have rights to it…your RENTERS!
Talk to his mom if y’all are close see what she says maybe she will let you stay and keep renting since you have a child together ( if you keep the child )
Pretty sure it’s his moms house but you could prob sue her for all the payments you’ve made on it.
It’s her house, she gets to decide.
Where marriage comes in handy
I mean it’s in his moms name she helped him get the house he should get the house.
I think it’s just her house. If someone lived in my house and paid me for 10 years it would look like rent and they couldn’t just take my house or equity. It’s legally her house and nothing you can really do. Maybe a lawyer can figure out something but I’d see if you have any paperwork or emails/texts with her. You MAY have something but I honestly doubt it. Sorry.
Depending on what state you’re in, because in NY a verbal agreement is a legal agreement.
sell the house and split it
It’s his mom’s house… basically you’ve bbeen great renters
Legally, it’s her house. In her name. That’s why.
What state are you in? In Texas you would be considered common law which entitles you to half!
It’s his mother’s house… period
You DO have grounds to stand on IF you can prove that you paid half or all of the mortgage the past 10 years, have contributed to improvements, and have a document that says the house was for you both. Also, lesson learned, mama didn’t have to put her name on it just because she gives the down payment. I know a couple people who helped pay for/pay off/pay for repairs and upgrades on their significant others houses that were in their spouses names. The got attorney’s, went to court, and the ex spouses had to reimburse them.
Moms house yall have basically been renting for 10 years.
If the house is in his mom’s name, it belongs to her. You have no legal right to that house.
If it’s still in her name, it’s her house
Talk to an attorney.
It’s in her name, so she keeps it.
It looks like legally it is moms house. Maybe things can work out for everyone.
I think it just depends on the state you’re in, some states have common law marriage after x amount of years, but I don’t think that would change the fact that it was in your “mother-in-law’s” name because then it’s technically hers, and you weren’t in a relationship with her the last 10 years. Definitely seek council or if you guys can be civil just sell and split the money n move on?
It’s her house any way you look at it. The mortgage company does not care who makes the payments as long as they are paid and on time. Hopefully mom won’t take sides and only go with the flow as to what the two of you decide on amicably and who can afford to take over independently but remember, you’re just a occupant with no lease agreement that can be given a 30 day at any moment. Either move or get a written lease agreement in place if you decide to stay.