Legal Question in Real Estate Law in Canada

I think my mom is trying to take over the house I paid for

When I decided to use my savings to purchase a home I found out that I

could not qualify for a mortgage due to a bankruptcy several years ago.

My mom and I made a verbal agreement at that time. I was to put up the

money for the downpayment and this would be an investment for my

future, my mom said she would put the mortgage in her name until I

was able to re-establish my credit. We moved into the townhouse nearly

3 years ago. I asked her to put my name on the deed at that time. She

said her lawyer said she couldnt because of the bankruptcy on my

record. I have since found out that she lied to me and the lawyer did not

tell her that, but I believed her when we purchased the house. Now she

is refusing to sign anything that shows I was the one who put up the

money for the downpayment or that I should have any claim to the

house. I pay half the mortgage each month, and now she is treating me

like a renter. I want to find out if I can get my money out of the house

without her stealing it. Can I put a lean on the house? Is there some

better way to deal with this? The downpayment I invested was only a

little over $11,000.00, but I am a single mother and

that was my life savings after my divorce.

Asked on 10/25/04, 5:19 pm

1 Answer from Attorneys

Robert Maguire Maguire & Company

Re: I think my mom is trying to take over the house I paid for

You can commence an action for a declaratory order from the Court stating what interest you have in the property and having your name accordingly added to the title in the Land Title Office. You should check that it is not going to upset your existing mortgage financing or have alternate financing arranged.

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Answered on 10/25/04, 7:29 pm

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