Question by lenah220: As a Co-buyer on a Mortgage can I make them sell their home?
I am a co-buyer with a family member on her mortgage. Since day one she has been late on her payments. Refinancing is not an option and she doesn’t want to sell. I on the other hand want out. How can I force her to sell her home?
Answer by Lynne E
Wow that is a hard one because being co anything is bad. It is a shame that you did not get anything out of it from the start because she started out the gate being late. So as fate would have it when you take on someone else’s debt, your credit rating gets hit hard too. It is hard as the 2nd or junior anything because what you want comes after the first is done. Unfortunately in most states they do not subjugate things anymore. Meaning supercede the lower for the higher, or turn the higher over for the lower’s benefit if that make sense. You may need to get an attorney. Look in the phone book, find someone in real estate with free consultation. Go to your local legal aid defenders office or someone who helps free with legal housing issues. Maybe even AARP or SCORE. I hope that this helps.
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You can sell your half. Make her buy you out, or find someone who will buy your share.
You need to get a court order demanding she buy you out or sell. A judge is the one person that can force this, you can not on your own.
if they won’t sign – the only way to do it is knock them out and put a pen in their hand and sign with their hand…but I don’t think that would hold up in court – you’re pretty much stuck. that’s why non-married people shouldn’t buy property together