View Full Version : Legal question about deeds/ownership of house


scott.475
I am trying to help a friend through a difficult situation. I finally told him today he just needs to bite the bullet and talk to an attorney, but would like to see what people here have to say.

This is taking place in Washington state, King County specifically. My friend is Greg, the other party is Don. About 20 years ago Greg and Don were both going through divorces at the same time. They found out each was looking for a place to live, so they became roommates. Don was the custodian of a severely disabled man (they lived together), and was getting money from the state for being the full time caretaker. The state paid for all the disabled man's care, as well.

They lived in various apartments until about 8 years ago, when they bought a house, which is beginning of the problem. As Don had some credit and other problems, the mortgage was fully on Greg, Don was not on the mortgage at all. Greg did put Don on the deed, however, thinking that if something happened, he would like the house to go to Don and Eric (I have no idea why he didn't simply do this in a will, of which I have already lectured him). In 2003 Greg refinanced the house to get into a lower rate, but again Don is not on the mortgage.

Throughout the entire period of home ownership, Greg has paid the mortgage ($1200+/month) and repairs/improvements, Don has only paid utilities, TV, etc, about $300/month.

Now, Greg is looking at getting married and has no idea whether Don has any actual ownership in the house since he is on the deed, or whether Don's payment of the utilities has essentially been just rent for living there. Based on what I know, it does not appear that Don has ever really done anything in support of Greg over this time period either; Greg had no kids or anything that Don cared for while Greg worked. To the contrary, Greg gave significant support to Don and Eric over this time period.

So, what does anyone think? Will Don be entitled to have the value of the house simply because Greg graciously added him to the deed?

Any help will certainly be appreciated. Again, I have told Greg he simply needs to talk to an attorney, but any info ahead of time would be very helpful.

Thanks.

pricespector
Yep, Greg and Don own the house equally. Greg has a mortgage, but Don does not.

If the home is sold, Don keeps all of his half, but Greg gets to pay off the balance of his mortgage with his half of the proceeds and keeps what remains.

Has Greg asked Don to agree to change the deed to reflect his future wishes of marriage? He should.

An attorney may be able to help, but it's doubtful. Anyway, he needs one.

Puck
Price is right. Don owns the house along with Greg. Who paid what has NOTHING to do with it. If Don paid nothing, and sat on his butt watching soap operas and eating bon-bons, he'd still own the house, because Greg let him own the house.

I'm surprised the bank let this happen. Usually the bank doesn't want people owning when they are not on the mortgage.

Price is wrong in one aspect -- The bank will take its cut BEFORE the proceeds of the house are turned over to Greg and Don, so Greg and Don together will pay the mortgage, then split what's leftover. However, if Don wanted to be a real jerk about it, he could probably sue Don for whatever portion of the mortgage ate up his portion of the proceeds.

This assumes that Don is going to be a jerk about it, and claim half of a house he didn't contribute much to. Perhaps Don will surprise everyone, and quit-claim his portion of the home to Greg!

Greg has learned a very expensive lesson. Hopefully, he will go forth, and be dumb no more.