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My daughter is on a deed with her ex boyfriend and his

My daughter is on...

My daughter is on a deed with her ex boyfriend and his father. The loan is in the father's names. My daughter has been in the house for 2 years, ex moved out in January...daughter has been making payment to the father. She is being bullied to move out and only wants to give her $25,000 to get out and not 1/3 of what the profits would be. They are on the deed as joint tenants. Can they make her sign off on the deed? What percentage should she be receiving?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

California

Lawyer's Assistant: Has any paperwork been filed?

Would she be aware of this if it had?

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Answered in 5 hours by:
7/11/2018
RealEstateAnswer
Category: Real Estate Law
Satisfied Customers: 32,377
Experience: 10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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Good morning. I certainly understand the situation and your concern. No, they can not force or make her sign off on the deed and give up and away her legal right and interest in the home. They are all on the deed and have a 1/3 shared interest in the home. If they want her out, they need to come to an agreement and it would be fair and reasonable, to get her a 1/3 of any profits, base on the value of the home and what it may sell for. They would need to buy her out.

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Customer reply replied 9 days ago
Does that still stand if the father put the down payment on the house? He put approx $220k down, and is stating that any judge would side with him and give my daughter nothing because he put all of the cash down for the house. There was no written agreement indicating it would have to be paid back.
Customer reply replied 9 days ago
He is extreme wealthy and can afford to hire the attorney and take my daughter to court. My daughter in the other hand cannot afford to hire an attorney, so she’s worried that she will be forced out with nothing.

Yes, it would. The reason being is that the court may consider this a gift or something he voluntarily did. If there is nothing in writing about her paying him back or recovering the money, his argument may fail. The fact that they had a falling out, does not take away her legal right and interest in the home, since she is on the title. If anything, they can get the house appraised and then determine what the profits may be if they sold and give her a 1/3 of them.

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Only a judge can order a force sale of the home. If that is done, she will still be entitled to her 1/3 share but there would need to be a legal basis to have her actually leave when she is a shared owner. If he has money, let her make a demand for X amount to settle this and move.

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I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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Customer reply replied 9 days ago
Can the father sue her to recover the down payment?
Customer reply replied 9 days ago
If there was a partition action filed, how long would it take for them to force me out?

He can sue but needs to have a legal cause of action, to do so. By that, I mean he needs to show and have a legal reason that she owes him. If this was a gift and there was no agreement to repay, she would not owe him anything. As far as a partition action, that has to do with a forced sale of the home, not removing someone from living there. If anything, they may try and sue her and get it ordered that she pay for the upkeep and expenses of the home, since there are costs to it.

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I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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Customer reply replied 6 days ago
Not at this time... she is trying to negotiate a payoff to remove her name off the deed. The father is very wealthy and I’m sure he will get lawyers involved
Thank you glad I was able
To assist. If you have not already I kindly just ask that you rate my help at the top at this time. You can always come back and ask follow up questions as needed. Thank you again.
RealEstateAnswer
Category: Real Estate Law
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