What are my fiance rights?
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What are my fiance rights?
My fiance bought a house with her mom.
Her mom put the down payment down but
she signed the mortage and is listed as
co-owner but her mom is trying to tell
her that she has basically no rights and
that if she sold the house we would get
nothing. Please help.
Asked on April 13, 2018 under Real Estate Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Her mother is wrong: if they are both owners (i.e. are co-owners; both on title), then 1) your fiance has EQUAL rights to the home--to use it; to live in it; etc.; 2) your fiance has equal rights to decide what to do about selling the house; and 3) when sold, your fiance is entitled to a share of the proceeds or equity. It is true that in the event of a dispute over the property, if a court gets involved (such as to order a sale, which a court can do if the owners of a home can't agree about what to do with the property), that her mother would likely be awarded more money, to compensate her for paying more for and towards the home, so the mother could end up getting a larger share if the house is sold--which is fair, since she has paid more--but that is the only way in which your fiance and her mother do not have equal rights if they are co-owners.
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