if one persons name is on the mortgage of a home and that person names and 1 other person name are on the deed do the2 people both equally own thehome

[joeyjakes21]

What is the name of your state? Connecticut


if one persons name is on the mortgage of a home and that persons names and 1 other persons name are on the deed of the home do the 2 people both equally own the home

 

[Whoops2u]

The mortgage is secured by the property, it does not show ownership of the property. The deed is the guide.

But, it is a guide. There can be any number of problems with a deed that can only be fixed by other information.

 

[Just Blue]

What is the name of your state? Connecticut


if one persons name is on the mortgage of a home and that persons names and 1 other persons name are on the deed of the home do the 2 people both equally own the home

The person(s) named on the deed are owners. The person(s) on the mortgage is financially obligated.

 

[Litigator22]

Rather than speaking in terms of a person being "on the deed of the home" try: "a record owner of the property".

Anyhow, if two people are record owners of the property and they were such at the time the mortgage lien on the property went of record, then you can rest assured that each signed the mortgage note. Otherwise the mortgage lender would be without adequate security.

The percentage of ownership would depend on the wording in the deed of conveyance by which they took title to the property. If there is no mention of disproportionate ownership being conveyed, then per force of the deed they would each own an equal undivided interest in the property.

 

[joeyjakes21]

well here the situation. my grandfather bought the house got the mortgage 5 years ago. 2 years ago my step father was put on the deed. my grandfather seems to think that because the mortgage is in his name that if we sell the house that he and he only will get the money for the house which isn't true correct? itll be split bettwen the 2 names on the deed right?

 

[LdiJ]

well here the situation. my grandfather bought the house got the mortgage 5 years ago. 2 years ago my step father was put on the deed. my grandfather seems to think that because the mortgage is in his name that if we sell the house that he and he only will get the money for the house which isn't true correct? itll be split bettwen the 2 names on the deed right?

Correct, it will be split between the two of them.

 

[joeyjakes21]

ok another question. if my grandfather wanted to get my step fathers name off the deed so he himself could clain sole ownership what would he have to do?

 

[Zigner]

ok another question. if my grandfather wanted to get my step fathers name off the deed so he himself could clain sole ownership what would he have to do?

Convince the other owner to allow removal of his ownership interest. Oftentimes, the person losing ownership interest will require money in order to do this.

 

[joeyjakes21]

is there a way to take him to court and have him forcefully removed?

 

[Zigner]

is there a way to take him to court and have him forcefully removed?

There is an action called a "partition" that can force the house to be sold and the left over money (if any) divided by the parties, but that is a drawn-out and expensive proposition, and I doubt that's what you had in mind.

It sounds to me as if you believe that somebody has the right to take away property that belongs to another. In the vernacular, that's called stealing.

 

[Just Blue]

is there a way to take him to court and have him forcefully removed?

Why was your step-father place on the deed in the first place?

 

[Zigner]

is there a way to take him to court and have him forcefully removed?

I just re-read your question and now I believe you're asking if you can force someone who owns a property to not occupy that property.

No.

 

[joeyjakes21]

I just re-read your question and now I believe you're asking if you can force someone who owns a property to not occupy that property.

No.

I figured that much, nor do I want that to happen I'm just asking these questions so I can explain to my 80 year old know it all grandfather who clearly doesn't know anything at all in regards to this topic who seems to think he can do whatever he wants just cuz his names on the deed and the mortgage

 

[Zigner]

I figured that much, nor do I want that to happen I'm just asking these questions so I can explain to my 80 year old know it all grandfather who clearly doesn't know anything at all in regards to this topic who seems to think he can do whatever he wants just cuz his names on the deed and the mortgage

Why bother? It's really not your business. You have no duty to explain anything to him. Back out of this and let the two owners figure it out.

 

[joeyjakes21]

Why bother? It's really not your business. You have no duty to explain anything to him. Back out of this and let the two owners figure it out.

im just a concerned family member trying to get the facts , youd have to know the family dynamicsa to truly understand and u don't so yeah. thank you very much for your input its been truly helpful