How can my mother-in-law pay off my mortgage without my consent or knowledge?

UPDATED: Nov 8, 2013

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How can my mother-in-law pay off my mortgage without my consent or knowledge?

About 2 years ago she wired money to my mortgage lender for the amount of remaining mortgage that was solely under my name. Earlier this year I asked for a divorce and my husband left the house. A bit after that my mother-in-law had a legal paper drawn up that states that the mortgage payoff was a advance of his inheritance. The transfer was done in her name and there was no mention of “inheritance.” She did not ask me to do this, as I would not have accepted. My husband has been voluntarily unemployed for nearly 10 years, and has not ever made a mortgage payment. Now his lawyer is stating that the house is considered inheritance property and off the table.

Asked on November 8, 2013 under Estate Planning, North Dakota


Terence Fenelon / Law Offices of Terence Fenelon

Answered 9 years ago | Contributor

The timing of the payoff and the document alleging that the payment was an advance of an inheritance is contradictory.  Unless they were simultaneous, they should be of little value before a court.  If you are not represented by an attorney, you ought to be as the claim seems fraudulent.

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