Mother taking advantage of daughter!

A daughter had the downpayment for a house, at the time of purchasing the house she could not qualify on her own. She needed her mother’s help and now ...The house is “owned” by the mother and daughter on paper. The daughter paid the entire down payment on her own the mother didn’t contribute a single penny. It was a temporary arrangement that the mother would live with the daughter... it has since been 10 years.The mother has never made a mortgage payment, she does not pay for electricity, water or renovations.nor has she ever paid rent. She lives on the 3 rd floor of the home and contributes nothing. She refuses to leave because she “owns” the house. How can the daughter get her out of the home without paying her any money.The mother says she will leave if she gets $100,000 ...She has never contributed to the mortgage or to any bills of the house in 10 years.


Asked 5 months ago in Ontario
Categories: Real Estate  Family Law

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Hamoody Hassan

Answer by Hamoody Hassan

VerifiedOntario lawyer

This is a fairly common problem. The daughter needs to hire a lawyer as there is no other choice. It may be the $100,000 suggested having regard for likely legal costs for both parties is a reasonable sum to pay for the mother's interest- after all there would be no house if she had not facilitated the purchase by establishing the mortgage credit. This is a key point that should not be overlooked. Basically it is a math question- you don't want to sell the house to pay lawyers or get someone out. People should remember they are family which is what got them in the situation in the first place. There has to be a fair solution even if the mother is said to have had a "free ride" for 10 yars - no one would have had anything and she is her daughter's mother. Where is she supposed to move to? How old is she? People who enter these arrangements should have an agreement and should plan for these challenges.If the home is in both names the only solution will be a court ordered sale and then a financial accounting of contributions and entitlements if they cannot figure it out. Hamoody Hassan, Senior Counsel, www.hassanlaw.com BA LLB;Ont. Bar 1979

Posted 5 months ago

This is general advice, not based upon any particular case, fact or law: seek individual legal advice. I can only answer generally and cannot offer an opinion about your case. If you want an objective opinion or to interview with a lawyer, check out many lawyers on the internet like our firm who offer free consultations on contingency files. You can also phone the Law Society Lawyer Referral Service directly at 1-855-947-5255 or 416-947-5255 (within the GTA), Monday - Friday, between 9 am - 5 pm. They will provide 3 names of lawyers who handle cases like yours. Good Luck! Hamoody Hassan, Senior Counsel, http://www.hassanlaw.com

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact <a href="http://hassanlaw.com/" target="_blank" rel="nofollow">Hamoody Hassan, Senior Counsel, </a><a href="http://legal.advicescene.com/account/www.hassanlaw.com" target="" rel=""></a><b><a href="http://www.hassanlaw.com/" target="_blank" rel="nofollow">http://www.hassanlaw.com</a></b>, or search the <a href="http://legal.advicescene.com/ca/lawyers" target="" rel="">Lawyer Directory</a>. <br>

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