I currently co-owning a house with my in-law, and the house still in mortgage. We have a huge conflicts, I believe I can not live with him in the same house anymore. So we plan to sell it. He orally agree it as well. But now he does not want to sell it anymore. Is any way I can "force" him to sell the house with me besides to go to court. (he don't want to take my part as well or sell his part to me). If I stop pay the mortgage (that is the only way i can think off to force him) Can he lawsuit me of not paying mortgage or any damage after foreclosure the house by bank. Thx
2007-04-23 10:52:53 · 4 answers · asked by Leon C 1 in Business & Finance ➔ Renting & Real Estate
No Leon you cannot force him to a sale. If this is your in-law what does your spouse say. You have to get a court order to force a sale of property. I am afraid you are stuck unless their child means enough to them to see the marriage succeed. Offering to buy him out is how you will get him to move. This is worse than a divorce as your property rights are not held the same. Can you ask him to sign a rental agreement with you covering the entire mortgage? Please know that what he does with the payments will effect your credit and ability to get something else. Good Luck to you, and I hope this works itself out.
2007-04-23 11:04:53 · answer #1 · answered by MARY A 2 · 0⤊ 0⤋
If you are not married then you likely took title to the property as tenants in common. You can legally force a sale to liquidate your interest in the property.
If you are on the mortgage and the payments are not being made to the lender the lender can come after you and the house. It does not matter if both are on the mortgage. If one stops paying the other better step up for the full payment.
I suggest you get a lawyer. Just a letter from a lawyer might help your ex-partner to see things more clearly. A letter is cheap compared to credit problems or other legal issues (foreclosure).
2007-04-24 21:47:39 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Well if a foreclosure is instituted it will be instituted against the debtor and not originally against you. However as things progress and or regress the lender will find out that their mortgage (right to proceed against the borrower and take property away) has no effect unless they litigate your property interests pursuant to the deed your name is under, in other words they must succeed in removing your interest from the property so that their mortgage is a paramount interest in the property. The foreclosure as to credit issues is done based on the promissory note the person signed and their credit is hit not yours, however your pocket book will be hit in your attempt to defend your interest from being taken away by the court and if you don't pay those costs, then your credit will be hit. Best of luck and get a lawyer.
2016-05-17 07:13:28 · answer #3 · answered by ? 3 · 0⤊ 0⤋
The only way you can force a sale is to sue for "Partition." If successful, and there is no guarantee that you will be, that will force a sale of the house and division of any equity between the owners.
2007-04-23 11:06:54 · answer #4 · answered by Bostonian In MO 7 · 0⤊ 0⤋