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Mother Inlaw owns house made house payments now getting divorce wants me to sign off what do I do

Defiance, OH |

Wife and I were making house payments, wife mother former husband now deceased bought house put in mother Inlaw name refinanced it so we could pay a lower payment on house now getting divorce and wants me to sign off on house

Attorney Answers 2


The structure of the question is a bit confusing. Is the one asking the question getting a divorce? If so, it sounds like the home has merely been rented from the in-laws for the cost of the monthly note on the house.

In that instance, (and assuming he isn't on the promissory / mortgage note) the husband here would have no actual interest in the home other than some equitable interest if he could prove improvements he made increased the value of the home. It is something for which he may wish to negotiate, but not necessarily bring to a full hearing unless the he has a ton of evidence and the value is incredibly high and the amount owed is incredibly low.

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Unfortunately, unless you have a written contract which somehow states that you are the beneficial owner of the house, you do not have a lot of options here. Generally, in divorce court, you can attempt to argue that you have a beneficial interest in the house, and try to attach your mother-in-law as a third-party holding property that is subject to division in the divorce. However, her name is on the title, and many domestic court judges will rule that she holds the beneficial interest in the residence, since her name is on the loan and on the deed. Not a good situation to be in. Good luck.

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