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legaleagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 13441
Experience:  Practicing Attorney for 10 years
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My mother died in 2004 and in her will it was stated that I

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My mother died in 2004 and in her will it was stated that I could live here as long as I wanted as long as I make the payments. I would also have to split the proceeds with my sister upon the sale of the home. In 2006, the house was refinanced under both of our names. She has since had to move back in the house with me, with her two children. She contributes nothing toward the house payment and very little toward the bills. She also allows the father of the children to spend the night here. She thinks she can stay here as long as she likes because here name is XXXXX XXXXX deed, even though she contributes nothing. My question is, what rights do I have? I cannot let them stay here forever, and especially do not want the father of her children to continuing living here without contributing anything either.

Thank you for contacting with your question. I will provide legal information related to your question.

Unfortunately since you allowed her to become a part legal owner with her name on the title she can stay as long as she wants and do as she wishes since she is part owner. The fact that you were the single owner is no longer relevant since you gave her a partial ownership by adding her to the deed. If you had an agreement that she would pay half the refi loan and she is not doing that, you could sue her for breach of contract, even if the agreement was only verbal. You just have to convince a judge that the agree existed, she has breached and a judge could remove her from the deed and then evict her.

Customer: replied 3 years ago.

What about allowing the father of her children to stay here as well? Is my only recourse to sell the house and move? Thank you for your response.

Since she is part owner she can allow anyone she wishes to be in the home just as you could. If she was not on the deed you could evict them both. Unfortunately unless you can refi alone and get her to agree to remove her name you either have to find a way to live together, sue her for breach of contract, or sell the house split the money and move. You are welcome.
Customer: replied 3 years ago.

If I choose to refinance, does she have to agree?

Unfortunately yes. You have to have her sign a statement that she agrees to remove her name from the title since you are refinancing in your name only and removing her from the obligation of the current loan.

Customer: replied 3 years ago.

But I can have my name removed from the deed, and she will be responsible for the payments?

You can remove your name from the deed at any time without her agreement. but for the loan she has to agree to take full responsibility for your name to be removed. Usually if one party is willing to have the deed in their name only they are willing to take on the loan alone, but I am not sure your sister would do that since she is not paying the loan now she has no incentive to allow you to remove you name from the loan.

Customer: replied 3 years ago.

So ultimately, what would be my best course of action? I'm feeling trapped!

It sounds like selling is best if you can get enough to cover your current loan. Or if your sister justs wants money, ask her to agree to let you refi in your name only, remove her from the current loan and deed and you buy her out of her share, then you may be able to keep the house and get rid of her.

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