Force A Sale Of A Home

[Marcella]

What is the name of your state? CA. My husband and I owened a home for three years, we had two loans one loan was carried by the original owner in the amount of $25K. and the balance with the mortgage company. The house was rented out until my inlaws decided to move in, we agreed and said we would add their names to the deed (so they could be home owners and gain the tax deductions since they would make the mortgage payments and pay the property tax) with the understanding that they would not sell the house and would be kept for our child (who is currently 9 years old) they paid off the first loan in the amount of $25K. and refinanced, at the time of refinancing my husband and my names were taken off the loan, they have made cosmetic repairs to the house. My inlaws had a falling out with my husband and have decided that they now want to sell the house, my husband says absolutely not and reminded them of the agreement. They do not care and will start the process of a "force sale" soon. My father in law is a broker and says he has done this before (forced a sale of a house). Is there anything we can do to stop them from selling the house? My name and my husbands name is on the title, however they refinanced the original loan and have been making the mortgage payments and property tax for the past 3years, also the house had incurred 100% equity at the time we added their names to the deed. PLEASE HELP.

[Zigner]

If the court orders a sale, it will be sold.

You can, of course, buy the parents out...

[divgradcurl]

My name and my husbands name is on the title, however they refinanced the original loan and have been making the mortgage payments and property tax for the past 3years, also the house had incurred 100% equity at the time we added their names to the deed.

If their names are on the deed, they are owners. Nothing to do now except what Zigner said.

My inlaws had a falling out with my husband and have decided that they now want to sell the house, my husband says absolutely not and reminded them of the agreement.

Was this agreement in writing?

[LindaP777]

Originally Posted by Marcella

My name and my husbands name is on the title.

They can not sell the house without your permission. A judge, however, can order the sale of the house. Google partition lawsuit. It takes a long time and a lot of money, but the house could be sold.

[HomeGuru]

What a mess that will get messier.

[Marcella]

Originally Posted by Zigner

If the court orders a sale, it will be sold.

You can, of course, buy the parents out...

Sure, I think it would be fair to buy the parents out, how is the equity of the home divided?

[Marcella]

Originally Posted by divgradcurl

If their names are on the deed, they are owners. Nothing

Was this agreement in writing?

There is no agreement in writting, everything was done vervally. Can my inlaws only force the sale of the house if there is a court order?

[Marcella]

Originally Posted by HomeGuru

What a mess that will get messier.

Sure it is a mess, it is really too bad. In restropect now, I wish I would have never offered them the house.

[Marcella]

Originally Posted by LindaP777

They can not sell the house without your permission. A judge, however, can order the sale of the house. Google partition lawsuit. It takes a long time and a lot of money, but the house could be sold.

I will research this, I also wonder if my inlaws would be able to take a line of credit on the house since our names are not on the loan only on the title buy another house and rent our house, They have also threaten to do that.

[divgradcurl]

Are all four names on the title of the house? I know you said they were in your original post, but what you've written since doesn't completely make sense if that's the case. How exactly is ownership worded on the title (or deed)?

I also wonder if my inlaws would be able to take a line of credit on the house since our names are not on the loan only on the title buy another house

I suppose it is possible, if they can find someone to lend them the money. Typically banks will not offer a loan using a house as collateral unless ALL of the owners sign off on the loan -- but you never know, there may be a bank somewhere that would lend them the money.

rent our house

Who lives in the house?

As owners of the house (assuming they are on the title), they have the right to occupy or rent the house, just as you do (assuming you are on the title).