Q: Can I kick out my mother?
I'm the coborrower on my mothers mortgage loan, I asked her to refinance my name off loan she is refusing. I need name off loan as my fiance and I are expecting and want our own place. Lender said since I have better income and credit I can take over loan by my self. How do I kick her out and off the loan so I can take over? She pays the mortgage and probably is not willing to leave but I no longer want to be on the loan but she does not have the income or credit to do it by her self so she refuses to get refinanced.
A:
It will not be as easy as "kicking her out".
If you are both on the loan (and presumably the deed) then you both own the property. You basically have 2 options:
1) Negotiate with your mom to have her agree to come off the deed and loan and have the bank put the mortgage in your name alone. You'll want to make sure you include your bank in this to make sure whatever the eventual transfer looks like, it does not trigger the mortgage being called due in full.
2) You can file a partition action in the court. This would ask the court to deal with the property's ownership. This would force the issue and it would not matter if your mom cooperated or not. However, the court may order the property sold in the end and that obviously would not help your goal of staying there.
You need to contact an attorney to discuss your options.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
