Q: My mother and stepdad own a home together but they are separated not Divorce, but living in the same house.
Her name is on the deed and his name is on the actual mortgage loan he wants to do a quick sale on the house but is it possible for him to do so without her consent with her name not being on the actual mortgage loan ?
He also claimed that he stopped paying the mortgage about 5 months ago and never told her that he stopped paying. Now he told her she has to move within 30 days because the house will go into foreclosure. My mom is a senior citizen age 69 years old she has been living in this home as an owner for 15 years is it possible for him to get away with this behavior.
A: Your mom needs to call and consult with a lawyer that is familiar with real estate and bankruptcy law. If she is on title, he cannot sell without her permission. If he stopped paying the mortgage, she needs to pay the arrears if she wants to stay in the house. If there is equity in the house and she wants to sell it or it forecloses, she may be entitled to the equity, however, because they are married in california, the property is likely community property and in a divorce he could be entitled to some proceeds from an equity sale.
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