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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33769
Experience:  15 years real estate, Realtor. Landlord 26 years
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I bought a double wide trailer. .with a work men's comp.

Customer Question

I bought a double wide trailer. .with a work men's comp. Settlement. I paid for it outright. I put my mom's nane on it with mine as when i bought it i was very ill. I now want to sell it and want her out. What steps are involved in getting her out so i can sell it? And do i have to share any money with her that i get for it?
Submitted: 22 days ago.
Category: Real Estate Law
Customer: replied 22 days ago.
I came to stay with my guy after he had some surgery. When i was to go back home,she had her friend, my brother and my niece moved in... so there was no room for me in my own house. Now she has my auntie living there.
Expert:  Barrister replied 22 days 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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When you added her to the title, you made her a half owner of the trailer, even if you didn't intend to do so. If she won't agree to sell, then your only recourse is to file a lawsuit called a "partition action" and have a judge enter an order to sell the home at public auction to the highest bidder. That way you can either buy her out or she can buy you out if you wanted to keep it, or you can allow a member of the public to buy it out.

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Any local civil attorney can assist with filing the motion for partition, so you can shop for an attorney based on price..

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But unfortunately, since she is half owner on the title, she would be entitled to half the proceeds of the sale.

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

Customer: replied 22 days ago.
My auntie is moving out. Can i legally change the locks and force her out .
Expert:  Barrister replied 22 days ago.

Force who out? Aunt, Mother, someone else?

Customer: replied 22 days ago.
Mother
Expert:  Barrister replied 22 days ago.

No, she is a half owner with you... She has exactly equal rights to the home as you do. That is what happens when you add someone to the deed or title... If you lock her out, she can just call the police and a locksmith and have them regain access for her.

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Now you can still do it, but just know that it won't last very long...

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I am sorry the news isn't better..

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thanks

Barrister

Customer: replied 22 days ago.
Can she refuse the partioin action from the judges order?
Expert:  Barrister replied 22 days ago.

No, it is an absolute right that any owner has to force a sale.

Customer: replied 22 days ago.
Thank you
Expert:  Barrister replied 22 days ago.

You are very welcome. Happy to help any time.

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided as that is the only way I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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thanks much

Barrister