Q: If mom left me her home and the mortgage is in grandma's name can I be forced to sell?
Tennant with rights of survivorship is what the deed states gma is co borrower for the mortgage she's wanting off the loan and I don't qualify is there anything I can do to prevent her from selling my home also am I subject to an inheritance tax?
A:
As I understand your question; you state that your mom and you owned a home as joint tenants with right of survivorship. You inherited the home from mom. Grandmother is obligated on the house mortgage and wants to be relieved of this responsibility. She wants to sell the home and have the mortgage paid off. You do not want to sell and want to know if you can prevent her from selling the home. I am assuming that this home is in Arizona. My answer below is based upon Arizona law.
So long as you are the only person on the deed as owner, you can refuse to sell. Grandmother cannot force a sale unless she is also on the deed. However, you must keep the mortgage payments current, or the lender will foreclose.
If you and grandmother jointly own the home, Grandmother can force a sale by filing a Partition action.
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