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getting out of mortgage

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tigger7604

Junior Member
I am from Kansas, and a friend of mine and her brother bought a house a little over a year ago. She now wants to get an apartment of her own for various personal reasons, including the fact that he has been overcharging her on the various bills that should be shared. Her name is on both the mortgage and the house title. What does she need to do to get out of this situation?
 


Warped

Member
tigger7604 said:
I am from Kansas, and a friend of mine and her brother bought a house a little over a year ago. She now wants to get an apartment of her own for various personal reasons, including the fact that he has been overcharging her on the various bills that should be shared. Her name is on both the mortgage and the house title. What does she need to do to get out of this situation?

I'm not a lawyer!

I believe that the only fair and equitable solution would be for the brother to buy the sister out. If the brother is unwilling, have the sister file an action of partition. The action of partition will force the sale of the house and the proceeds will be split between the owners who are on the deed after the mortgage is paid off. I'm not sure if the brother would be able to buy out the sister if an A of P is filed but it'd make a good threat at least.
 

BelizeBreeze

Senior Member
tigger7604 said:
I am from Kansas, and a friend of mine and her brother bought a house a little over a year ago. She now wants to get an apartment of her own for various personal reasons, including the fact that he has been overcharging her on the various bills that should be shared. Her name is on both the mortgage and the house title. What does she need to do to get out of this situation?
If her name is on the deed then tell her to file a PARTITION SUIT. Her action will be partion for sale with costs taxed to defendant.
 

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