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Irwin Law
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 7165
Experience:  Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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I own 50 I

Resolved Question:

I own 50

I co-own my home with my oldest daughter. She obtained a mortgage prior to the courts awarding me 1/2 of the house back about ten years ago. She is now preparing to force sale of the house. Am I financially responsible for the mortgage in her name if sale is acomplished or would her portion of the proceeds be charged with that debt?
Submitted: 7 years ago.
Category: Legal
Expert:  Irwin Law replied 7 years ago.

Hello Entrust: I am not sure what you mean by: "She is now preparing to force a sale of the house". Is she going to sue you for partition? Let it go in foreclosure? In either case, you are not personally liable for the mortgage loan that she took out before your interest was created. As far as you are concerned, only the property is liable for that debt, so you could lose your 1/2 equity in foreclosure, but that's it. To answer your specific question, since the mortgage was on the property when you acquired your interest, your interest was subject to the mortgage balance and not free and clear of it (unless the Court award specified otherwise) so your equity is also subject to the mortgage. Therefore, both of your shares would be reduced by the mortgage balance, not just hers. Again, I don't know what your court action was about, so the order might have decreed otherwise. I'll be happy to answer follow up questions if this hasn't answered your question fully.


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