Q: Sis doesn't want house she & boyfriend bought. BF says he won't pay mortgage. They used her credit. She can't afford.
Sister and her boyfriend bought a house last year. He has been drunk all the time and mean to her and my nephew and she wants to sell the house to move home and take care of sick mom. He's paying the mortgage but they used her credit. He won't sell and says he'll stop paying the mortgage to ruin her credit. She doesn't want the house (can't afford it) and is willing to give it to him if she can get off the mortgage/title/deed. He wants to screw her over. She can't afford a lawyer. What can she do to get her name off of it and not ruin her credit?
A: I take it the boyfriend's name is also on the deed? There's only three ways to proceed: 1) get him to agree to take the house and refinance the mortgage into his name; 2) get him to agree to just sell the house and split the proceeds, or 3) petition the court for an order to sell the house. The first option doesn't appear possible in this situation because of the boyfriend's credit. He might be inclined to sell the house, but may hold her "ransom" by demanding a more than 50/50 split of proceeds - but that may be her best bet if she really just wants to be done. "Forget the cheese; let me out of the trap".
Kenneth V Zichi agrees with this answer
Mr Geers' answer is correct, but let me 'tease' at one point in your question he didn't touch. "Can't afford an attorney". I would turn that around. She can't afford NOT to have an attorney.
ONLY by having experienced qualified licensed help can your sister be sure the resolution is appropriate and won't come back to bite her! PLEASE reconsider -- a local licensed attorney can go a long way toward getting this resolved instead of having it fester and get worse.
You can't afford to NOT have an attorney!
-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.
I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice
Thomas. R. Morris agrees with this answer
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