Thornville, OH asked in Real Estate Law for Ohio

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.

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1 Lawyer Answer
Anthony C. Satariano
Anthony C. Satariano
Answered
  • Xenia, OH
  • Licensed in Ohio

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.

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