Legal Question in Real Estate Law in Washington

Property ownership

My inlaws are listed as buyers because they are on the loan, but the property taxes are billed only to my husband and me. When you have a loan on a house how do you determine who is the actual owner once the loan is paid off my husband keeps telling me they are not part owners.


Asked on 1/14/09, 9:37 am

1 Answer from Attorneys

Douglas Reiser Reiser Legal, LLC

Re: Property ownership

It really depends on the title. If you are saying that your inlaws' names are placed on the title to the property, then yes they are co-owners or tenants in common.

I believe that they are likely on title, if they are also on the loan, but it is possible that they are simply guarantors to your loan. In that event they are only responsible for the loan, but cannot use the property as collateral against such debt.

If you would like to remedy this situation you will need to have them removed from title through a conveyance of their interest back to you and your husband. Though it would not remove their legal interest in the property, you could also solve the question of what their ownership entails by contract - meaning having an agreement with your inlaws which defines their interest, and what happens to such interest in the event that you transfer or sell the property.

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Answered on 1/14/09, 11:17 am


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