Am I legally obligated to add my husband’s parents to the title of our home if they are living with us and paying half of the bills?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Am I legally obligated to add my husband’s parents to the title of our home if they are living with us and paying half of the bills?
My in-laws gave my husband and I the money for the down payment on our home. The mortgage and title to the house are in my name alone. They are now living with us, and are paying half of the monthly bills. They are trying to get me to add them to the title of the house, which I won’t do for many reasons. Is there anyway that I would be legally obligated to add them? Can they take our house from us?
Asked on August 11, 2010 under Real Estate Law, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
So the money they gave you for the down payment was a gift and they gave you a gift letter for the bank? To show that it was not a loan (and thus not additional debt owed that would be considered in financing the mortgage)? If they have just moved in so that you can help them in their older years or just to have a place to live for a while I would consider their time there a tenancy rather than entitlement to ownership. Although it is best to have a written tenancy, month to month tenancies are generally verbal. You are not legally obligated to add them to the deed or the mortgage (which I would argue go hand in hand). Can they sue you for the house? I would say no but if they come up with some novel form of ownership relative to the down payment I would consult a real estate attorney in your area. Asserting the right after a number of years looks suspicious at best. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.