My husband and I bought a house with my mother. She is not listed on any of the paperwork for ownership of the home. Does she have any interest in the home?

We purchased the home. She gifted us a
down payment.she signed a statement
that she has no interest in the house
She then lived with us for 1.5 years
and will be moving out soon. Does she
have any interest in the property in
the event my husband and I get
divorced? We had a verbal agreement
that it is also her house.

Asked on March 18, 2017 under Real Estate Law, Louisiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If she is not on the title and signed an agreement specifically stating she has no interest in the home, then she is not an owner and has no interest: your oral (that's the better term than "verbal") agreement will not give her an interest when the paperwork (e.g. title) states she does not. At most she has the right to be repaid the down payment (e.g. it would be treated as a loan to be repaid, not a gift, if the facts suggest that was how it was intended), but that still would not give her an ownership interest in the home itself.


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