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Thomas McJD
Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 6504
Experience:  Wills, Trusts, Probate & other Estate Matters
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my name is XXXXX XXXXX mortgage of the house but there are 4 names

Resolved Question:

my name is XXXXX XXXXX mortgage of the house but there are 4 names on the deed what right do the people on the deed have to the house other then if I want to sell it
Submitted: 1 year ago.
Category: Estate Law
Expert:  Thomas McJD replied 1 year ago.

TMcJD :

Hi, I will be happy to assist you, and it is my goal to make you a very satisfied customer! This may take a few minutes, so thanks for your patience.

TMcJD :

The other owners have an undivided interest to the whole of the property. That gives them the right to fair use of the home. To the extent any other owner's use deprives them of use, then the owner depriving the other owner from use is liable to pay compensation to the owner deprived of use. However, the other owners are also liable for their respective share of costs, expenses, etc. even if you are the only one on the mortgage.

TMcJD :

With their ownership interest, they could force you to sell the home if they wanted by filing an action for partition by sale.

TMcJD :

They could sue for compensation from you for your use of the whole home (but if you've been paying all the expenses, that may be more than sufficient "compensation" to them, which means you wouldn't really owe them anything.

TMcJD :

I know all this can be complicated, so please let me know if you need additional assistance or clarification.

Customer:

ok I am the one living in the house and pay all the expense with no help from them at all

TMcJD :

Sure, and as noted, since they are liable for their portion of those costs, any money you might owe them for full use of the property would be cancelled out, at least in part, by money they owe you for paying their share of those expenses.

Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 6504
Experience: Wills, Trusts, Probate & other Estate Matters
Thomas McJD and 3 other Estate Law Specialists are ready to help you

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