Decoding Legalese: How AI Can Help Resolve Mortgage Issues
- November 29, 2023
- Posted by: legaleseblogger
- Category: Related News
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Legal Situation Regarding Joint-Owned Property and Tenant Issues
My husband and his mother bought a home together many years ago. She has always lived in it, but now she has stopped paying him the “rent,” leaving us stuck covering the mortgage. Both their names are on the loan, and she is the tenant in the property. Additionally, she has a roommate who pays her about $500 in rent, but my husband does not see any of that money. Is there anything he can do to get her out or sell the property without her consent? Please help, as she is mentally unstable and refuses to try to work, and has also been denied disability. Any insight is appreciated.
How AI Legalese Decoder Can Help:
AI Legalese Decoder can analyze the legal documents and agreements related to the joint-owned property. It can provide a comprehensive breakdown of the legal responsibilities, rights, and options available to your husband in this situation. Additionally, the AI can help determine the legal grounds for eviction or selling the property without the mother’s consent. With its ability to interpret complex legal language, the AI Legalese Decoder can assist in understanding the legal implications and potential courses of action available to resolve the issue.
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AI Legalese Decoder: Understanding Legal Jargon Made Easy
Introduction
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Conclusion
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Yes youÔÇÖll want to file a partition lawsuit. It will give you a court order allowing you to sell.
OOOPS, wait. I spoke too soon below. You said that they bought the home together and that both their names are on the loan/mortgage. But just to be 100% clear, who is actually on the title or deed to the home? If it’s just him on the title/deed, then he can file to evict his mother (and anyone else living there), and he can sell the home without needing any consent from her. However, if his mother is on the title/deed, then what I said below would apply…
Your husband would have to file a “partition lawsuit” in court. He will have to pay the mortgage himself until the house is sold, and the mortgage is paid off by the sale, and any excess profit is divided by him and his mother (all pursuant to a court order).
Then if he wants, and if he has some kind of proof that she had agreed to pay him $x/month while she lived there, he could sue her to recover that amount from her.
If she is on the deed no simple solution exists. A partition lawsuit will be costly and drawn out.
Evict your mother in law. I donÔÇÖt know if anything worst in this world as a mother in law
Investigate whether your state has a cause of action for Partition. This is your best bet to force the sale of the house and avoid the mortgage.
In addition to the partition, things could be easier on your spouse if the mother were on Social Security disability. You said she was denied. Was that after a lawsuit with an attorney? If not, they all work on contingency. It’s just part of the routine.