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Home Title Transfer Question...Help Please!

Verdy

Shiny_Rock
Joined
Jun 20, 2011
Messages
319
Hi everyone, it's a pleasure to be greeting you and I hope you all find yourselves in good health.

I'm in a very difficult situation here at home, it's been a separation that was imminent, and I was hoping some of you might be able to help me out. A few weeks ago, my parents had a very severe argument all because my mother wouldn't let my father take my car to the casino since she needed me to take her to run some errands. After that argument, he removed all of his clothes and personal belongings from the master bedroom and started sleeping in the guest room. He's the primary owner of our home and knows that paying the rent is his responsibility, my mother pays for the other half of the expenses including gas, car insurance, power, etc. On Friday of last week he got paid, and that payment was to remain in their joint account for rent. That very same night I logged into our online banking and noticed that his FULL payment had been withdrawn from the account. He has not been home very much since the argument, and my mother has not been able to catch him at home to ask about the payment.

Forward to today - While on break at work I called him since he wasn't returning my mother's phone calls. I asked him whether he was going to pay rent this month, and he simply said, "No, I can no longer pay rent" and hung up the phone. My mother is willing to pay the rent, but wants him to transfer the house title to her name to prevent him from selling our home, as he has threatened to do many times before. We are not sure however, how to convince him to transfer the title, or what steps we would have to take in order to do this. Our loan is with JP Morgan Chase, so if anyone has any idea what our best options are in this case, please leave your thoughts.

My mother has taken the precautions of removing him from their joint savings account, and wants him to leave if he does not plan on paying rent or helping with utility bills.
 

sonnyjane

Ideal_Rock
Joined
Jul 13, 2008
Messages
2,476
ForteKitty|1349129441|3277635 said:
I think it's time for your mom to lawyer up.

Big time. If he's not cooperating, there's no way to deal with this without one.
 

movie zombie

Super_Ideal_Rock
Joined
Jan 20, 2005
Messages
11,879
yep, lawyer up.
 

Anastasia

Shiny_Rock
Joined
Mar 23, 2005
Messages
451
Lawyer up, and in the meantime, if your mom's name is on the mortgage, make sure she keeps it current. (I"m assuming you mean a mortgage and not rent). If she is on the mortgage, it will affect her credit if it is not paid.
 

Verdy

Shiny_Rock
Joined
Jun 20, 2011
Messages
319
My mother's name is on the mortgage (sorry I speak mostly Spanish at home and it catches on!) as the second owner of the house. We're trying to do this peacefully without getting a lawyer involved due to the cost and the fact that it would surely stir a LOT of things up between his family and my mother's...we actually have two people here that we rent to, and he's gone ahead and taken the rent money from one of them without saying anything. It's really frustrating dealing with his attitude. It's not the first time he's done this and I've already told my mother that it's time to move on. And if he doesn't sit down and do it the nice way...I guess a lawyer will be the best option for us. It's incredible though how he can go ahead and put money towards his son's (my step brother's) college tuition in Honduras who's almost 30, and yet he "can't pay the house".
 

Gypsy

Super_Ideal_Rock
Joined
Aug 8, 2005
Messages
40,225
Well. Start documenting everything.

I would have your mom start paying the mortgage and somehow get it documented that as of XXX day, she's been carrying the mortgage PLUS bills, have ALL her incoming money (salary, whatever) go directly into a single account and have her pay the mortgage from that account. Have her get and gather EVERY SINGLE SCRAP of evidence of how the finances were split before this change (if they had an agreement that he would pay the mortgage in exchange for her paying other bills FIND THE PROOF IN THE PATTERN OF MONTHLY PAYMENTS THAT SHOWS THIS. AND-- add up the monthly bills she's been paying per month and figure out what the difference is. Does she pay MORE per month than him when you add it all up, or does she pay LESS than the mortgage per month).

After that-- the ONLY thing you can do is talk and get him to sign it over to her OR PROVE to a court that your mother deserves (through years of payments, and her continuing payments when he abandoned) to have the title and that means lawyers and lots of headaches.

There is no in between. Short of proving that he is completely mentally incompetent (by legal definition) or that the property is dangerous (condemned) or being run incompetently (receiver) there is no other way from one PERSON to take a person's property in this country without his or her consent.
 

Meezermom

Shiny_Rock
Joined
Aug 3, 2010
Messages
172
Who is on the Deed? If both your mother and father are on the Deed, your mom owns it every bit as much as your father does. If she can continue to pay the mortgage, as others have advised, she should continue to do so and yup, time to get an attorney involved.
 

JewelFreak

Ideal_Rock
Joined
Sep 3, 2009
Messages
7,768
A very stressful situation; I'm so sorry. As Meezermom says, if she's on the deed (title), she's one owner of the house. I hate to say it, but from the sound of things, a lawyer is a necessity. She needs to prevent him from taking further rent payments from tenants if he isn't paying the mortgage, for one thing. Your father's attitude makes it unlikely they can work things out in a friendly manner -- and your mother is likely to lose a lot to which she has a right. Legal protection's the only way to assure her security.

Keep us informed. Maybe you can go with her to interview lawyers -- would give her some moral support. Good luck!

--- Laurie
 

Gypsy

Super_Ideal_Rock
Joined
Aug 8, 2005
Messages
40,225
Gypsy|1349134825|3277707 said:
Well. Start documenting everything.

I would have your mom start paying the mortgage and somehow get it documented that as of XXX day, she's been carrying the mortgage PLUS bills, have ALL her incoming money (salary, whatever) go directly into a single account and have her pay the mortgage from that account. Have her get and gather EVERY SINGLE SCRAP of evidence of how the finances were split before this change (if they had an agreement that he would pay the mortgage in exchange for her paying other bills FIND THE PROOF IN THE PATTERN OF MONTHLY PAYMENTS THAT SHOWS THIS. AND-- add up the monthly bills she's been paying per month and figure out what the difference is. Does she pay MORE per month than him when you add it all up, or does she pay LESS than the mortgage per month).

After that-- the ONLY thing you can do is talk and get him to sign it over to her OR PROVE to a court that your mother deserves (through years of payments, and her continuing payments when he abandoned) to have the title and that means lawyers and lots of headaches.

There is no in between. Short of proving that he is completely mentally incompetent (by legal definition) or that the property is dangerous (condemned) or being run incompetently (receiver) there is no other way from one PERSON to take a person's property in this country without his or her consent.

By "single account" above I meant, her personal NOT JOINT account.
 
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