We are going to build an attached in-law quarters onto my daughters home. We would like to have all our names on the deed in a way that none...

Question

We are going to build an attached in-law quarters onto my daughters home. We would like to have all our names on the deed in a way that none of the parties can sell or convey any of the property without legal consent from all parties. My daughter and her husband currently own the home with a mortgage and the deed is a tenancy by the entirety. Can my wife and I be added to the deed? How would a possible divorce be handled in this situation if it were to occur?

Answer

Yes you could be added to the deed. However, the mortgage holder isn't going to be happy. Unless you ask them. Even then they may not want to allow it. Well they might if you sign on to the mortgage and promissory note. or maybe it's to much trouble. In that case you could look in to refinancing the property.

John

Answer

I agree with Mr. Davidson's suggestion. However for the complicated arrangement that you want, you'd be better off having a partnership agreement of some kind that spells out all of each person's rights and obligations to maintain the property, pay expenses, and also what will happen if any party wants to back out of the arrangement. It is important to provide for buy-outs and how to value the interests now, rather than having to go to court later, because that will be expensive and time-consuming.

Consult a local real estate lawyer to assist in preparing such an agreement. Each party should have separate legal counsel. This may seem expensive, but it will save money in the long run.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

Answer

P.S. You will also have to get local municipal permits for such an addition. Don't forget to apply for the applicable zoning and building permits.