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legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 7066
Experience:  Just Answer consultant at Self employed
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My father is elderly 85, s wife and he divorced about 6

Customer Question

My father is elderly 85, his wife and he divorced about 6 years ago and she is still on the house title until the home sells, her daughters want her 1/2 of the money for the house and to put her on Medicaid , there has never been anyone interested in the house as of yet and so they want my Dad to get a reverse mortgage or sell on the court house steps by order of a judge. The home is paid for and was when she left him and no taxes or anything else is owed and no liens. Can they force my dad to take a reverse mortgage or have a judge sell to the highest bidder?
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  legalgems replied 4 months ago.

I am very sorry to hear this;

unfortunately a co-owner can petition the court for the property to be sold so that they can realize their equity. So if the person makes that petition, and the court grants it, generally one has the right of first refusal, so they can buy out the other. So it is usually cheaper to independently refi (ie reverse mortgage or other loan) in order to avoid the legal fees in defending the action.

I know this is most unfortunate but it will allow one to keep possession of the family home.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 4 months ago.

Checking in on the above.
Thanks for using JA!

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