Can myself, my ex and my ex's mom are all on a mortage. Me and my ex seperated leaving me with the mortgage. Well I lost my job and could not afford it anymore so I been living here, and since we are all 3 on the mortgage now my ex's mom has been paying the mortgage for the last year which was never my intent. I live in the state of CO. Well my ex's mother seems to think she is the sole owner of the property and has hired a lawyer to evict me from the house. I said I would be more than happy to move, but she is not my landlord we all signed a mortgage and we are all held responsible whether or not if someone can pay. All I ask is she refinance the place and get me off the mortgage. I have done a quit claim deed so I am off the title. Does she have a legal right to evict me from the property? Or does she not since I am on the mortgage but not on the title and we are all owners of the property even though I have not made a payment in sometime?
Ownership of the property is a separate issue from the obligation to pay a lender. If you are an owner you cannot be evicted. However, if you have given up your ownership you can be evicted, unless you can prove that you are in reality an owner and the quit claim deed is void.
You should consider consulting with an attorney to that the specific facts of your case can be discussed and you can receive advise specific to your situation. Many attorney's offer a free initial consultation for these types of matters.
Good Luck,
Don Eby
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