Real Estate Law
Ask a Real Estate Law Question, Get an Answer ASAP!
Thank you for contacting JustAnswer.com 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.
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.
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.
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.
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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).