Q: How can I legally force the sale of a house co-owned with my stepdaughter in Michigan?
I am a widow, and I own a house in Michigan that I intended to flip. My husband, who is now deceased, added his daughter to the deed solely for cheaper insurance purposes. I am also on the deed, and I am the sole person on the mortgage. My stepdaughter believes the house is hers and is living there. She has bad credit and refuses to secure a mortgage. We always viewed the house as my husband and I’s nest egg for retirement, and there is no will because my husband said, "You are my wife. You get everything." I want to sell the house and am willing to give her half of the sale proceeds after taxes, mortgage payoff, and fees. What are my options to legally force the sale?
A: Partition or partition sale is the name of the legal action to be instituted. However, I don't understand the state of title. Did you and your husband own the property as husband and wife? Did both of you sign the deed to add his daughter to the title? If you both owned it and only he signed the deed, it appears that you are the sole owner. Have an attorney review title before you decide what to do.
A: Your remedies at law will depend upon how the deed is held between you and your step daughter. The 'magic' language in the deed controls how you may be able to proceed in circuit court for a declaratory action of partition. You also may have rights to financial contribution as well. Consult a real estate attorney in Michigan to discuss further.
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