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home ownership problem

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annie2

Junior Member
What is the name of your state (only U.S. law)? Arizona
Can someone's name be legally removed from a mortgage and or deed? This person is listed as having 1/2 ownership with my husband but doesn't himself pay towards the mortgage.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? Arizona
Can someone's name be legally removed from a mortgage and or deed? This person is listed as having 1/2 ownership with my husband but doesn't himself pay towards the mortgage.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
Short answer...maybe. It all depends on the details of the situation and the wishes of the co-owners of the property. (which includes the person which has 1/2 ownership with your husband).

If you want to explain things more fully you would get better answers.
 

justalayman

Senior Member
What is the name of your state (only U.S. law)? Arizona
Can someone's name be legally removed from a mortgage and or deed?
I'll go a bit toward the other side:

regarding the deed:

no, unless a court orders it or the owner in question is willing to transfer his/her interest to some other party.

You have the choice of filing a suit to partition the property, selling your share, asking the other party to sell their share, or living with what you have. Depending on the agreement between the parties, the non-paying party may have no obligation to pay. Even if they do, the best you are going to do is sue them for the money you pay that they should be paying.

as to the mortgage: sure. all you have to do is refinance the property in only your name.
 
If one assumes that there is no written agreement to the payments on the property then the other person can continue not to pay until the paying party gets tired of it and wants to do what JLM suggests.
 

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