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What are my options for taking my moms name off of deed?

1 Answers. Asked on Apr 18th, 2017 on Real Estate - California
More details to this question:
I purchased a house in 1998 and my my mom loaned me $10K with a verbal agreement nothing in writing that i would just have to pay her back the $10K to take her name off the deed. Her name is on the deed but not on the loan since 2001. I tried to pay her back in 2001 when I refinanced the house and she refused to take her name off. Now she is trying to take half of my property. Telling me if i don't pay $170K that I need to sell. She has never paid anything on the house except for the $10K. When we bought the house there was a letter in the title company that she was to pay me $300 every month so that I could qualify for the house and she paid that out of my dad's business for about a year but nothing else. How do I get her off the deed? What are my options?
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Answered on Apr 18th, 2017 at 1:57 PM

You and your mother should submit the issue to mediation. That involves having a neutral third party negotiate a compromise and settlement between you. In legal cases, we often use retired judges and practicing lawyers, who specialize in doing this, and have training and experience. There are also family and neighbor mediators who are trained in trying to repair relationships. They are usually less expensive. The goal is to avoid the cost, waste of time, and annoyance of a lawsuit.

A lawsuit will take a year. It could easily cost $30,000.00 to get to a point where the lawyers and the court would insist on a private mediation or a settlement conference with a judge, anyway. So why not do the mediation now, and save all that aggravation and money?

If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business.

Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need.

 

Dana Sack

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Real Estate
Real estate attorneys can help individuals, families and small business with all property-related legal issues. Buyers and sellers of residential and commercial real estate should work with an attorney to negotiate the terms of agreement; draft and review the contract; review related paperwork (such as loan agreements); clear existing liens on a property; and attend the closing. Lawyers can also assist property owners with addressing zoning/rezoning issues and appealing property tax assessment. Landlords and tenants should work with real estate law firms to draft and review lease agreement, handle eviction proceedings and resolve landlord-tenant disputes.
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