QUESTION
Can he make me move out if I am a co-owner?
Asked on Dec 18th, 2014 on Estate Planning - Michigan
More details to this question:
I co-own a home with another person and both our names are on the deed. His name is on the mortgage loan. Now he is saying he wants his daughter and her husband to take over the loan and me to move out without being paid anything. I would be willing to sell the house and move on. What are my options?
4 ANSWERS
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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My first question is: Is there any equity in the house? If so you could be entitled to 1/2 the equity.. However, If you are on the deed a co-owner cannot evict you... at most he can stop paying the mortgage and allow the mortgage company to foreclose.. Contact an attorney if he tries anything.
Answered on Dec 19th, 2014 at 6:26 PM
At the very least you should consult with an attorney to try and work this out informally. But you might need to file a partition action to resolve this. If you're an owner you have every right to occupy the home. But so does the other owner.
Answered on Dec 19th, 2014 at 10:55 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Get an attorney, you have property rights but the devil is on the details.
Answered on Dec 19th, 2014 at 10:50 AM
Business Law Attorney serving Mount Pleasant, MI
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Office of Michael Hyde PLLC
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The Deed and the Mortgage are two separate instruments. Even if you are not on the mortgage but are on the title, you are an owner of the property. To sell he MUST have your signature on the transfer documents. You can prevent a complete transfer of ownership by refusing to sign anything. He does have the right to sell his interests to his daughter and son-in-law, but again, any transfer of your interest can only be done by you.
Answered on Dec 19th, 2014 at 10:49 AM