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Bought a home 3 yrs ago with my name and boyfriends fathers…

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Bought a home 3 yrs...
Bought a home 3 yrs ago with my name and boyfriends fathers name. we are both on title and mortgage if his son were to leave would his father be able to say he's aloud even if the fathers not living here?
Submitted: 2 months ago.Category: Real Estate Law
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5/30/2018
Real Estate Lawyer: TJ, Esq., Attorney replied 2 months ago
TJ, Esq.
TJ, Esq., Attorney
Category: Real Estate Law
Satisfied Customers: 12,805
Experience: JD, MBA
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Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.

In general, the answer would be yes, the father can allow your BF to live there since the father is a co-owner of the property. As a co-owner, he has the right to allow guests. Unfortunately, you, as a co-owner, do not have the right to limit the father in who he can allow on the property. There are, of course, exceptions, such as if you have a protective order against your BF. In that circumstance, the BF would not be allowed within a certain distance of you, and that would mean that he would not be allowed on the property when you are there.

Does that answer your question(s)? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, please remember to provide a positive rating via the stars (and note that your positive rating is the only way that I'll get credit for helping you, so it is much appreciated!). Thank you. :)

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Customer reply replied 2 months ago
my only way to get full ownership is to refinance basically to have everything in my own name?
Customer reply replied 2 months ago
a protective order meaning restraining order?
Customer reply replied 2 months ago
i tried to refinance but my income was not meeting the qualifications of course is there another course i could take without refinancing?
Real Estate Lawyer: TJ, Esq., Attorney replied 2 months ago

Hi again.

Q: my only way to get full ownership is to refinance basically to have everything in my own name?

A: No. Refinancing has to do with liability for the mortgage. It has nothing to do with ownership. The only way to get full ownership is to have the father voluntarily convey his ownership interest to you. To be clear, even if you were to refinance and put the entire mortgage in your name alone, the father would still own half the property unless he voluntarily grants you his share.

Q: a protective order meaning restraining order?

A: Yes.

Q: i tried to refinance but my income was not meeting the qualifications of course is there another course i could take without refinancing?

A: Not sure what you mean. Another course for what? To get a new mortgage? The only way to get out from under the current mortgage is to pay it off. If you don't have the money to pay it off, then it would seem that the only way to do so would be with another loan ... but that is exactly what a refinance is. But again, I'm not certain that I understand what you're trying to accomplish here.

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Customer reply replied 2 months ago
refinancing as in his father would come off of everything.. which he is aware i told him that
if i refinance i would take him off both title and mortgage which he is aware
Im trying to accomplish him not telling me that his son can stay here
Customer reply replied 2 months ago
I think it would be quite conspicuous to his father if i have him write his name off title don't chya think
Customer reply replied 2 months ago
38; if i were to buy him out would i still have to qualify for the loan
Real Estate Lawyer: TJ, Esq., Attorney replied 2 months ago

Hi again.

To clarify, you cannot simply choose to refinance and remove the father from the title to the property. The father would have to voluntarily agree to grant you his interest in the property (either because he gives you a gift, or because he opts to sell you his interest). You cannot force him to give or sell you his interest. But if he agrees, then you are home free.

Bear in mind again, the mortgage has nothing to do with ownership of the property. Accordingly, if you buy him out, then you buy him out. The mortgage loan is irrelevant.

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Real Estate Lawyer: TJ, Esq., Attorney replied 2 months ago

Hello again. I didn't hear back from you, and you haven't yet rated me, so I'm just checking in to make sure that you don't need more help on this issue.

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