QUESTION

I have a co-borrower on my mortgage. They have never lived in the home or paid anything towards the home. Can they kick me out of the home

Asked on Oct 14th, 2022 on Real Estate - Pennsylvania
More details to this question:
My wife and I are separated, have been for almost a year. Her name is not on the mortgage however her mother is listed as a co-borrower. Her mother has never lived in the home or paid any money toward the home. Can my wifes mother kick me out of the house or take it from me. I am the primary on the loan
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1 ANSWER

Bankruptcy Attorney serving Collegeville, PA at Nahrgang & Associates, P.C.
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A co borrower who is not listed on the deed has no rights to the property at all.  Your question does not reflect ownership.  If she is also on the deed, then she has the right of partition.  That is a process by which a court resolves disputes between co owners, usually by selling the property.  Certainly, other than partition, no one has the right to eject you from your property while you still own it. You placed the question under the category of foreclosure which leads me to ask if you are current with the mortgage.  If you are not, the mortgage company, regardless of any co borrower or owner, can seek to foreclose. Finally, if divorce proceedings are commenced, your wife can seek to have the home sold as a method of obtaining her share of the marital estate. I trust this answers your questions but do not hesitate to call or email me on a free initial basis.    Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com 
Answered on Oct 14th, 2022 at 12:20 PM

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