This Electronic Legal Alert is dedicated to all those who love their children very much and have not yet had the urge to axe murder them. The following is a recommendation about how to keep it that way! We speak specifically to the loving and well intentioned parents whose adult children do not have resources sufficient to purchase a home, either outright or with third party financing.
If each parent we currently represent had understood the law related to joint ownership of real estate with a child before allowing the child to become an owner, they likely would not have needed to retain The Fowler Law Firm PC. In your every parental adventure, we wish you the very best.
- 1. If I allow my adult child to own a home with me, with the understanding my child will live in it and pay the mortgage, what can I do if my child stops paying the mortgage? Comment: Once you allow another party to be an owner of real property, they have an absolute right to possess the property. If you cannot control yourself and allow a child to hold joint title, you must draft an agreement which you then should file in the deed records of the county in which the residence is located to set fourth each parties rights and understanding of the financial agreement.
- 2. My child asked if I would transfer an interest in my home to that child to avoid probate. Is that a good idea? Comment: Frankly, that is a terrible idea unless you are sure, to a moral certainty, that neither your child nor any of their associates will ever act in a manner not totally in your best interest. The interest transferred entitles the child to occupy the home in the same manner and with the same rights you hold. This means their friends and loved ones may occupy the home too. There are many ways that are simple and straightforward to transfer your interest in land to an adult child that do not leave you exposed and legally vulnerable if the relationship and joint use of the home do not work out.