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I am on my mother in laws mortgage with her she is the only one on the deed is that legal in NY. She didn't want me on the deed.

Rockville Centre, NY |
Filed under: Probate assets

I live in the house with her. I pay all the bills She refuses to put me on the deed or take me off the mortgage.

Attorney Answers 3


  1. If she is the only one on the deed, you likely cannot get off the mortage even if she agrees. Only if the bank agrees can you get off the mortgage. Its a difficult case to force you on to the deed. Your mother in law would have had to have made a promise in writing that she would add you to the deed if you paid all the bills and you complied. Absent a writing I think it would be nearly impossible.

    If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email - Jgold@goldbenes.com


  2. Yes it is legal to have people on mortgages who are not titled owners to a property.


  3. While I agree with my colleagues, this places YOU in the horrible position of being obligated on the loan for a property that you have no legal interest in. Living in the house does not give you any inherent rights. Whether there are other people who would have rights ahead of you is unclear. At the VERY least, I would want to make sure that any estate planning documents make clear that you are to own the home upon your MIL's death. This should be done through a trust, ideally, so you do not need to pay probate costs and fees, just to get title to your own home.

    This should be done through an estate planning attorney. Without knowing your MIL's intentions or her misgivings, it is hard to give you much more guidance.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!

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