50-50 Deed Can One Be Forced To Sell?

[bretts]

What is the name of your state? Arizona

I have a home of which my mother-in-law and her son are both on the deed 50/50.

The son wants to sell the house but the mother does not.

Can he force her to sell?

The mortgage is in HIS name ONLY.
He is responsible for the mortgage. Although she has always paid on her end.

She lives in the home, he does not.

All payments are current. She does not want to move or sell yet he continues to threaten her with selling the home.

Again... Can he force her to sell?

Thank you,
Bretts

 

[justalayman]

Sort of but it takes a not so fun (and not so cheap) lawsuit to force her to do so.

A suit to partition would force somebody to buy out the other or sell the place and split the money.

 

[bretts]

Legal Fees

Thank you justalayman for that info.

In that case who would incur those legal fees?

Would it be him primarily as the one who brought suit or would she be liable for any of the legal fees incurred.

He also took out a 2nd mortgage revolving line of credit which he uses for whatever. should the house go to sale, what would be the best way to safeguard her or insure that the 2nd is paid off from his end of the profits from the sale of the home and keep her from getting bit by it?

 

[justalayman]

bretts;1582720]

In that case who would incur those legal fees?

It would end up with both parties needing to pay for legal fees. Either party can file such an action and unless mom simply was willing to just roll over and give everything up, she will need legal cousel as well.

He also took out a 2nd mortgage revolving line of credit which he uses for whatever. should the house go to sale, what would be the best way to safeguard her or insure that the 2nd is paid off from his end of the profits from the sale of the home and keep her from getting bit by it?

Depending on how title is held, there may be little that can be done to protect her interest. Inversely, her half of the prop may be safe and not subject to a claim by the creditors. It would depend on how title is held and what the contracts for the nortgages includes. Mortgage companies generally protect themselves well so the entire house many be in jeopardy.