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The mortgage is not important..is his name on the deed?
He can force a sale....so it is better if he signs the quitclaim deed . Plus he will always be liable on the mortgage with you even if he signs over title. Title and mortgage liability are separate and distinct.
He can bring an action for partition to force a sale since you are tenants in common of the house.
With a "tenancy in common" each owner owns a right to his percentage share to do with as he or she wants...sell, give it away, give it to someone by will. Any tenant in common has the right to sue the other(s) for PARTITION. There is an absolute right to this. The judge orders an appraisal. Then a sale is ordered and the proceeds are divided among the "tenants in common" after the mortgage and other expenses are deducted and adjusted among them.
No...then he is no longer an owner. Only an owner can force the sale
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