they recently remorgaged the house. He has made it impossible for her to stay in the home with him. She has an 8 yr. old son. They are telling each other, the other has to leave.
What can my daughter do to keep the house, and have him removed from the morgage and deed. If she can't get him to leave, What can she do to force her name off the morgage & deed?
2007-02-25 10:23:15 · 5 answers · asked by Rhonda C 1 in Family & Relationships ➔ Marriage & Divorce
Well, if neither is willing, she might have no choice but to move out. He would have to reimburse any investment she made into the home and part of what she owns of the current value. If both their names are on the mortgage , it would be handled like a divorce as far as I know.
2007-02-25 10:28:10 · answer #1 · answered by VW 6 · 0⤊ 0⤋
If the deed & mortage is in both names it has to be refianced .Is she the first or second on the morgage. If 1 leaves than the other is responable for the loan taxs, insurance.There has to be an agreement as to what part is whos. Or 1 has to buy the other out.Attorney time it can get involved.Also it depends where you live.
2007-02-25 18:48:05 · answer #2 · answered by Anonymous · 0⤊ 1⤋
She has to call the mortgage company and they will tell her she has to pay a certain amount and her dad will have to also agree to this and fill out the paper work and that is if they will let her do it. She maybe able to talk to a lawyer also and see what she can do legally her dad can't kick her out her name is on the deed and the loan, she can tell her dad to refinace the house and leave her name off from it.
2007-02-25 18:35:01 · answer #3 · answered by Mary O 6 · 0⤊ 1⤋
She will have to get a new mortgage on the house. The other option is to get an attorney and have a "quit claim" filed (where her father signs over all of his rights to the property to her - then he can't sell it - however, he is still on the loan). If she decides to leave, herself, she will have to sign a Quit Claim deed to get her name off of the title - however, she will still be on the loan unless her father refinances. Sorry, but this won't be simple. I know since I've been through the same thing after a divorce.
2007-02-25 18:32:57 · answer #4 · answered by carol mc 2 · 0⤊ 1⤋
You have two options:
1. One has to buy out the other
2. Sell the house and divide the proceeds. Let them go their own separate ways.
2007-02-25 18:49:04 · answer #5 · answered by ken88dorset 2 · 0⤊ 0⤋