Posted by John Merchant on October 09, 2003 at 19:33:02:
Without anything in writing stating what your agreement was with your mother, I’d say you have very weak claim on title to the RE;
But, if I were you, I’d sure NOT move out, and you should continue to maintain to the world that you are half owners, and force HER to go to court to remove you and your interest…which she might never be willing to do.
Old saying: Possession is 9/10 of the law.
Don’t know that I’d always agree, but I think here, you’ve got enough to cause her some problems, and you should certainly try to stand pat on your right to possession.
Is there anything in writing stating what the deal was supposed to be? Try to dig up and preserve ANY written evidence so as to be ready to use it if she does try any kind of eviction action…it might be enough to make a Judge want to give you some interest in it.
Posted by Trista A. on October 09, 2003 at 11:30:05:
My husband and I went to the bank and borrowed
money for 3 acres of land, his mother wanted in on this,
and he let her almost half down, and we borrowed the rest.
Well the lawyer transfered from former owners to us on
a deed of trust. My motherinlaw had another deed made up
the same day, and not understanding we signed that paper
as well into her name, which by the way she used her maiden
name. Is that paper legal, when she used her maiden name?
When the land was paid for my husband gave her the release
of trust paper, and she headed to the courthouse.
She say she left it to my husband in her will, my name is
gone from the land. She refuses to sign even half of the
land back to us. We have lived on it for 12 years, can
we use adverse possession to obtain our part back, she
refuses to change the deed. We live in WV.
Stupid move, in WV.