ArcaMax

If your stepmother now owns the whole property, we could imagine that you’d be entitled to reimbursement for the expenses you paid related to the home after your father’s death, including mortgage, insurance property taxes and maintenance costs.

It’s too bad your dad didn’t do anything about this while he was alive. He could have deeded his interest in the home to you and you would have been a half owner of the home with your stepmom, putting you on equal footing. Or, he could have convinced her to convey her interest in the home back to him.

Next item: You say that your stepmom said you could have the home. Unfortunately, oral promises don’t work when it comes to real estate ownership. Voicemail messages don’t count either. What counts is you put it down on paper. Your stepmom could say one day that she wants you to have the home and change her mind the next day. She can do that. It’s legal.

What your stepmom can’t do is convey the ownership of the home to you by deed and then take that back. Once she signs a deed to you, and you file or record that document, the home would be yours.

From what you’ve written, she’s holding the cards. If she wants to sell, she likely has the right to do that. But you may also have the right to add up all the expenses you’ve paid through the years and force her to pay you back. We don’t know how much equity is in the home, but it’s likely that the amount you paid on her behalf will put a good dent into whatever equity she thinks she might end up with.

You’ll have to sit down and figure that out exactly— to the penny. Go back through your checking account and any receipts. Take that to an attorney who can help you sort through what you can claim if she decides to sell. Then, you (and possibly the attorney) can sit down with her and plead your case. If your stepmom won’t end up with much — or anything — after paying you back, she might simply decide to let you have the house.

Otherwise, you’ll end up getting your money back. She’ll end up with whatever is left over after selling the home. You might also, after looking at all the numbers, find a way to simply buy her out and keep the home. Good luck, and thanks for writing in.

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(Ilyce Glink is the author of “100 Questions Every First-Time Home Buyer Should Ask” (4th Edition). She is also the CEO of Best Money Moves, a financial wellness technology company. Samuel J. Tamkin is a Chicago-based real estate attorney. Contact Ilyce and Sam through her website, ThinkGlink.com.)

©2024 Ilyce R. Glink and Samuel J. Tamkin. Distributed by Tribune Content Agency, LLC.