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

Get Legal Help Today

 Secured with SHA-256 Encryption

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

Answers:

Terence Fenelon / Law Offices of Terence Fenelon

Answered 7 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.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption