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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33757
Experience:  15 years real estate, Realtor. Landlord 26 years
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My daughter lives in Peachtree City GA. Two years ago she

Customer Question

My daughter lives in Peachtree City GA. Two years ago she purchased a home for herself and her boyfriend was going to live there too. Because he did not have good credit she obtained the mortgage in her name. The one thing I advised her was not to put his name on the deed. Unfortunately she did put his name on the deed. He is now threatening her saying he is going to take her home away from her. She loves her home and wants to keep it. It will be difficult financially but her father and I may be able to help her some. He has basically lived with her along with his children much of the time. He has provided very little help to her financially. i want her to consult an attorney but she feels there is nothing she can do. I live in Maine so I feel of little use to her.
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Barrister replied 9 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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You gave her very good advice and I am sorry she didn't listen to you.. Unfortunately when she added him to the deed, he is a legal half owner of the property. And the fact that he is not on the mortgage means that he isn't legally liable to pay for the mortgage.

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So to be honest, daughter is in the second worst position she could be in (worst would be if house entirely in his name). .

She can't force him to leave since he is a half owner and she can't force him to pay anything unless they had an agreement for him to do so. If they did, she could sue hom for breach of contract and get a judgment against him.

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But as for the house, the only way to get clear of him would be for her to file a "partition action" which is where a judge orders the house to be sold to the highest bidder at auction. She could then bid up to the mortgage amount she already owes at the auction to buy out his interest if there were no higher offers.

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The only other way would be to offer to 'buy out" his interest with him signing a quitclaim deed over to daughter. So if she contacted an attorney and found out how much it would cost to file a partition action, say $4,000, and then she offers him $3,000 to sign off, he may do it because otherwise he gets nothing if the house doesn't' have any equity and she just buys it back at auction.

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thanks

Barrister

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