Q: How do you force a property sale if the mortgage is in one person’s name but it’s deeded to two people (parent/child)?
My mother tricked me into purchasing a townhouse when I was 21. I didn’t fully understand what I was getting into. The mortgage is in my name but the property is deeded to both of us with her as primary. I’ve asked to sell the property multiple times but she says no. She can’t afford to put the property in her name nor can she afford the mortgage payment on her own. Because of that, I moved in to help with the finances but I’m done and need to move on. I don’t care how it resolves (I.e. foreclosure, deed in lieu, short sale, etc.) but I need to be separated from the property. Please help!!
A: The important thing is that both you and your mother share title to the property. If you have to, you can tell your mother that you will either stop paying the mortgage, or that she must from now on pay half of the monthly payments. If she doesn't agree, you will have to bring an action for "Partition." This can be rather expensive, but it is the only way to force the property to be sold, with each of you getting half of the proceeds. If you do this, each of you will need to find a new home.
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