Posted on: 08th Dec, 2009 02:56 pm
hi, my mum is looking to leave my dad and wants to know her rights to the house we live in. a fewyears ago in financial troubles she signed over her half of the house we live in to my dad and now wonders if this has affected her rights. me and my two sisters are all under 19 and still live at home and would live with my mum, does this mean she still may have some rights to this house?
Hi marie,
If your mother has signed half of the house to your father, then he owns half of the property. The rest of the property would remain in your mother's name and thus, she would be considered as co-owner of the property. She still has the rights to stay in that property.
If your mother has signed half of the house to your father, then he owns half of the property. The rest of the property would remain in your mother's name and thus, she would be considered as co-owner of the property. She still has the rights to stay in that property.
what has happened is that your parents each own the property - it's not half and half. each is a full owner. that means neither can dispose of the premises without the consent of the other. obviously, if they're divorcing, they need to settle matters on the property. regardless of the reasons behind the divorce, this is something that they and their lawyers, if any, must negotiate. if one is staying in the home and the other vacating, then that ought to resolve who would end up as the sole owner of the property. of course, that's not totally necessary - the entire situation is subject to negotiation.
at this time, neither can transact business on the property without the consent of the other. this is typically something that needs to be changed on behalf of the party staying in the home.
at this time, neither can transact business on the property without the consent of the other. this is typically something that needs to be changed on behalf of the party staying in the home.
