co-ownership and surviorship rights

[pooh1965]

(Arizona).. Hi. I purchased a home with my mother a few years ago with right of survivorship rights. She placed a $10,000 down payment on the home. We both resided in this home for aprox. 6 years. I have made all the mortgage payments , insurance and taxes on this home. She contributed nothing to the home other than the down payment. She moved out after six years of living in this home. She feels she is entitled to her $10,000. I feel, since she resided in this home for six years, that she shouldnt be entitled to the full $10,000.00, but maybe a pro-rated amount due to her living here for six years with no contributions to mortgage, insurance, or taxes. Another problem ( we no longer get along well), I have had several insurance claims on this house for water damages (PVC piping-mobile home), and she refuses to sign her name to the insurance checks in order to repair the damages. So, I have had to pay for these damages (new floor, lineoleum, carpet etc) out of my own pocket, even though I pay for home insurance, I am not able to cash the checks since they are in both our names. She refuses to remove her name from the title. I'm worried if I try to sell the home, that she will once again, refuse (just to be awnry) to sign to be able to sell the home. We have survivorship rights on the home, is she able to "will" her part of the home to another family member ? any suggestions or advice would be greatly appreciated...thank you...

 

[HomeGuru]

File for partition. She can legally will or convey her interest to someone. If she wills, the title will be clouded and subject to probate and litigation due to the joint tenancy.

 

[cclovins]

partition?

Be careful to understand what it means to file for partition! This means you are asking a judge to partition the property into two parts. If this is what you want OK. But it being a mobile home you most likely will be forced to sell and split the proceeds.

 

[i8maliki]

If you can prove that you have paid for everything and she has contributed nothing except for the 10 grand than you have a good chance of not having to pay her anything. she can't force you to buy her half. and you can take her to court and force her to sign those checks. as horrible as it sounds my advice to you would be to be patient and wait for her to die than it will be all yours!

 

[HomeGuru]

If you can prove that you have paid for everything and she has contributed nothing except for the 10 grand than you have a good chance of not having to pay her anything. she can't force you to buy her half. and you can take her to court and force her to sign those checks. as horrible as it sounds my advice to you would be to be patient and wait for her to die than it will be all yours!

**A: DISCLAIMER- incorrect advice.