Property name transfer who would keep the house?

Irving
My mom and dad divorced a few years ago. My mom now remarried and her new husband is living in the HOUSE where my mom and dad lived. Which is insane to me! I just found out that My mom had added his name to the house? She said it was something that she did in the process of refinancing the house. She said that she needed someones name on the house besides her or else she would be unable to keep the house. this has caused a big separation with the family and my mom including myself. "IF" she was to ever divorce, would me or my brother have any part in the house? Would it be divided by my mom and her husband? Could his name be removed from the house title? He now 'CLAIMS' that its HIS house and that we must obey HIS rules. To me thats a slap in the face after all the hard work that my DAD and MOM worked for it and paid for it... I come to find out that he doesnt even pay rent!!! I think he just pays bill according to my mom. this is a devastating situation. any Ideas? What can me and my brother do about this? After all we are Her kids and should come BEFORE anyone else!

Edgardo
Well, your mom must have been awarded the house in the divorce, and had to refinance to remove your dad's name from the mortgage so he wouldn't be responsible for it anymore. That was for the benefit of his credit and now he may be able to buy another house, without the payments for the first house being considered.Your mom's income probably wasn't enough to support a new mortgage, so she added her new husband. The two of them own the house together now. If they got divorced, they would have to try to agree on who gets the house (and the debt that goes with it) and the court would then award the house to someone. If they can't agree, or if they prefer to do this, they may have to sell the house and split the proceeds. The house never belonged to you or your brother. It belonged to your parents and they decided what to do with it. If your mom wants the two of you to inherit the house, she needs to have a will stating that or the state will decide how to divide up her property. Could his name be removed? Sure, but he would have to agree to that. Whether he owned the house or not, he and your mother live in the house and they make the rules there. Ownership isn't the issue here, authority is. You can't do anything about this, and for your own sake, you should let go of your anger. There are things you can change and things you can't, and it would really be to your benefit to figure out which is which. Give the guy a chance. Maybe he makes your mother happy.

Olimpia
There are many aspects at work here. I will try to answer as clearly and concisely as possible.First, your Mom have bought your Dad out of his share of the house when they divorced. This is speculation, but if she did, the house is no longer his no matter how hard he worked to get it. Sometimes there is a stipulation that once the house is sold the profits are split 50/50 between the two parties that previously divorced. If this is the case, your Dad is still entitled to 50% of the profits even with your stepfather on title. It is also possible that your Dad gave your Mom the property and not longer has any rights to the home, or the profits.If you live in a community property state everything that your mother owns is now considered "community property" with your stepfather, and the same goes for anything he owns. If this is the case him being on title may not make a difference. If it is not a community property state than your mom could have kept the property in her own name and he would have no rights to it.Because she put him on title she clearly wants him to have rights to the home. If they divorced their lawyers would work out the details to whom gets the home, but you and your brother have no rights to the home unless your mom chooses to give those rights by adding your names to the title. The biggest issue here is that you do not like or respect your stepfather from the sounds of things. You feel your mother is not putting you first and you don't want him to tell you what to do in his home, but because your mom put him on title, it is his home. This is not just some silly claim he is making. I am sorry for your situation. Perhaps you could go to live with your father if you are that unhappy.

Elliott
Once the title/deed is recorded and is held jointly in two people's names, then if one dies, the entire property belongs to the survivor. If she were to divorce, she might or might not get the house back She can prove it was hers before their marriage, but the Judge will look at her action of adding his name to the deed and it might have to be split equally.

Elvis
She added the name to refinance, which means he's also on the mortgage for the house. It goes to show ownership (in addition to the obvious deed).Yes she can claim it was hers before marriage, but without a PreNup, it's still fair game depending on how long they're married should something happen in the future.As far as you and your brother, unfortunately I cant suggest much that would be done, if your father's name was on title and SHE removed it, that is fraud, if she ADDED her new husband's name in addition to your father's name, she'd need his permission unless it was "Tenants In Common" (not likely with most residential). That means each person ahs 1/2 or 1/3 share in the property and can do whatever with it.Joint Tenancy means everybody has an equal share, and should something happen to one of the parties, their share goes to the other parties on title equally.But yes if htey were to divorce he'd have a say, especially since she put his name on AND he probably signed on the mortgage (probably to qualify for the loan maybe, but he could ahve just co-signed rather than been on title to do that).

Karrie
The house is now owned jointly by your mom and her new Hubby. If they divorce, they will have to split any equity. This means that if your mom wants to keep the house, she will have to pay him for half of the equity or let him keep other things such as cars or valuable belongings to even out the difference. The fac that she owned the house before the marriage may have some impact, but she still won't be allowed to keep it if she can't give him half the value in some way. As far as paying rent: Why should he? Why would a husband pay rent to his wife? They are married, their finances should be one big pool. There is no more mine, and yours. No more his and hers, that's what marriage is all about. If they are keeping separate finances even after marriage, and arguing over who pays which bill, then they will be divorced in a few years guaranteed. As far as living by his rules. He is your step father. He needs to earn your respect but you need to give him a fair chance to do so. Its not his fault your parent's broke up, and he's not asking to take the place of your Dad in your life. But you do need to give him a fair chance to prove that he is worthy of respect. Your mother should also be a good mediator until you are comfortable with him. She married him, so she obviously must feel like she can trust him and talk to him.

Carmella
You and your brother should come before anything else, *to an extent* as long as your needs and wants are reasonable, and presented reasonably. Getting your knicker in a twist over the fact he's on the deed to the house, AND expecting a share of any money earned from the sale of the house _for yourself_ *should* they divorce is anything but reasonable. As for rules, he has the right to set them, and yes, you should obey them when you're there. UNLESS they're totally unreasonable, or a complete 180 degree turn from rules your mom set in the past -- if so, have a family meeting, sit down and discuss them, reasonably and calmly. I won't even touch the rent thing, and pssst, the mortgage is a bill.You talk about things being a slap in the face, but really -- you take issue with the fact that your mother put him on the mortgage (and possibly the deed) so that she could refinance, which allowed her to keep the home. Apparently, you'd be happier had she not been able to make payments, been forced into foreclosure, and had to slum it up for 3, 5, 10 years with bad credit. THAT's a slap in the face. You and your brother should mellow, and be happy for your mom IF your mom is happy with her current lot. Having a step-parent can suck [been there, done that, and mine was truly a hellbeast] but don't try to cause problems, or stick your nose where it doesn't belong for the sake of causing problems.

Georgann
If your step-father is now on the title then the house is split between your mom and her new husband and you are not legally entitled to anything as long as it remains this way.Apparently when your mother attempted to refinance the house she could not qualify for the mortgage loan with her credit, or income, thus she had to use her new husband's credit or income to complete the transaction.Apparently when your mother divorced your father, either your father gave your mother the house or the court awarded her the house. In either case she may do what ever she want with the house to include adding additional individuals to the title of the property.She can do a couple of things, if she so desire, to give you and your brother her share of the house in the event something happen to her.She can make a will or a revocable trust giving you and your brother an interest in the property. If she fail to do this you and your brother may challenge her share in probate court if something happen to her. I hope this is of some use to you, good luck."FIGHT ON"