If I’m paying the bills on my mother’s house, should I be put on the deed as joint tenancy?

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If I’m paying the bills on my mother’s house, should I be put on the deed as joint tenancy?

My mother recently moved to my sister’s for in-home care. I pay my mother’s mortgage and all household bills. I reside in her home. Everything is in my mother’s name. Can I assume her existing mortgage? How can my 2 sister’s and myself split the property? The home is in a family Trust.

Asked on September 18, 2018 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

1) You can't assume the existing mortgage; mortgages always have terms preventing assumption of them. The bank wants you to replace/refinance it--they make more money that way.
2) If the house is in a trust, even a family trust, the trustee would have to agree to put you on the title/deed. The trustee might, since there is good value being received (paying the mortgage, bills), but you can't assume they will: they have the right to decline.


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