What can I do if my son is trying to defraud me of 50% of my house?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What can I do if my son is trying to defraud me of 50% of my house?
I bought my house for cash 9 years ago. My son was added to use his credit to apply for an equity loan. Soon after he was added, he stated to me banks are no longer doing equity loans. Since then he has refused to remove his name. I had my house sold but my son refused% to sign any paperwork for the sale unless 100% of the sale goes into his own bank. He gave me false intentions to gain 50% of my home. What can I do to get him removed from the title?
Asked on September 24, 2017 under Real Estate Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
You put him on the title: he is therefore an owner of the home. You cannot remove from the title unless he voluntarily agrees to be removed; this is why you *never* put anyone on the title unless you are actually jointly buying the house with them and are prepared to have them as co-owner.
He is not entitled to any more than his share: i.e. 50% of the equity, since he is one of two owners. If he attempts to "hold you up" for more than that, you can bring a legal action in "chancery" court (a part or division of country court) for a court determination ("declaratory judgment") that he only gets half (or even less; if you have paid taxes, mortgages, etc., the court can give you a credit for that) and also ordering him to do any paperwork required for a sale. This type of action can be procedurally complex; you are advised to retain an attorney to help you.
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.