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Joint tenant moves out of property and refuses to pay half the mortgage. What action can the other joint tenant take to gain total ownership of the property in the state of California?
Mlannas
First they must consult with an attorney. The joint tenancy should be broken because if the tenant who has been paying the mortgage and expenses should die suddenly, the one who left would own the property automatically. The attorney can review the situation and discuss your options. Perhaps you could bring an equity complaint asking the court to order the transfer the non-payers interest in the property.
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∙ 14y ago
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If a joint tenant moves out of the property and out of the state and refuses to pay the mortgage can the other joint tenant claim abandonment and gain total ownership of the property in Delaware?
i would like too know the answer to this question too except im in California do the laws change
If partner moves out and refuses to pay mortgage can you change locks?
Only if their name is not on the property deeds, if it is then it is legally half theirs also and you can not lock them out. Only the sheriff can lock you both out by the bank
How can you take ownership of an abandoned mobile home on your property that the owner refuses to move?
You send him a legal letter demanding the mobile be removed within a reasonable time ( ie a month) or you will seize it as rent owed.
How can one force a quitclaim to property of a sibling who inherited an equal part but refuses to make equal payment of the mortgage?
I recommend contacting a lawyer or at least a Realtor. You may have to file suit to get action from the sibling that is falling behind. It will be worth it to not lose the equity in the property.
How do you remove spouse's name from deed if property was granted to you by judge?
If the property was awarded to you in a divorce proceeding and the ex-spouse refuses to sign a deed, the court order can be recorded in the land records in most jurisdictions. Recording the decree will effectively pass title. You should ask the attorney who represented you in the court proceeding. However, if the property still has a mortgage, the most effective way is for you to refinance the property and the name on the deed will change with that. The spouse cannot be removed from the deed unless the lien holder (aka a mortgage) agrees.
Can a mortgage company take your home if a insurance refuses to insure property?
The Mortgage company can foreclose on your home if you fail to meet the requirements you agreed to in your finance contract. Hazard Insurance on a home is almost always required by the lender under the terms of the contract. Failure to obtain and maintain the required coverage is a default on your loan, much the same as if we miss mortgage payments. The mortgage company would not foreclose because your home is un-insurable. They would foreclose because you failed to purchase the required property insurance. It is up to the homeowner to maintain the home in a condition that it can be insured.
What are your rights in this scenario you recently moved out of home and left all of your things there which you paid for but your mother refuses to give the things to you under any circumstances?
If you are an adult, you have the right to file a civil action for the return of your property. Be prepared to prove your ownership of the items.
There are two people on mortgage one leaves what happens?
Both parties who signed the mortgage are equally responsible for paying the mortgage. If one leaves and refuses to pay the other will be held responsible for payment. If the mortgage isn't paid the bank will take possession of the property by foreclosure and your credit will be ruined. You may want to arrange a meeting with the bank, explain your circumstances and arrange to sell the property. Perhaps the bank will accept whatever you can get for the property instead of going through the expense of a foreclosure. You have another problem. If the other person is on the deed, you will need their signature to sell the property. You should seek the advice of an attorney, perhaps one who specializes in family law and real estate, to help you resolve the situation. They would have the knowledge and experience to negotiate with the bank for you.
My mother refuses to give me the life estate property left to us by my grandparents can she do this?
If the property was left to both you and your mother, she cannot unilaterally refuse to give you your share. You may need to seek legal advice to enforce your rights to the property as per the terms of the will or trust that left it to you both.
What can you do if your boyfriend leaves you with a joint mortgage payment?
You have a serious problem and need to seek the advice of an attorney. If you co-signed the mortgage and the other co-signer refuses to pay then the bank will expect you to pay. You should place the property for sale but you will need the other owner's signature on any agreement and on the deed if a buyer is found. In the meantime, you need to keep up the mortgage payments so your credit won't be destroyed by a default.
What options are there if spouse refuses to pay one half of mortgage payment?
The options include: stop paying the mortgage and let the bank repossess the house; pay the entire mortgage yourself; divorce the spouse and move out; divorce the spouse and stay, while your spouse moves out; find out why your spouse refuses to pay half of the mortgage and see if some agreement can be reached; seek cheaper housing; go on an extended backpack tour of Europe; enlist in the army. That's about it.
You have been forced to leave your home you co-own with an ex boyfriend you are on title but not the mortgage note what are your rights?
If you are an owner by deed then you own a one-half interest in the property and you have the right to the possession and use of the whole property. If there is a mortgage on the property and you did not sign it then the mortgage only affects the half-interest of the other owner. You can ask the other owner to buy out your half interest at fair market value. If he refuses then you could file a Petition to Partition in the appropriate court in your area and the court will sell the property and pay over half of the net proceeds to you. The outstanding mortgage should not be counted against your half of the proceeds. You should seek the advice of an attorney in your area who is familiar with all the legal aspects of your situation. The attorney should handle the negotiations with the other owner for you and will file the Petition to Partition if that becomes necessary.
