Can a co-signer sell a home without the other co-signer's knowledge? Posted on June 30, 2011
I'm trying to research this for my friend... He's stuck on his sister's mortgage as a co-signer but he is also on the title making him a co-owner. He initially signed up when he was younger to help her out and be a good brother, but the verbal agreement was the husband would work on rebuilding his credit (the sister's credit was good & their combined income was good at the time too) so they could refinance within a year & take my friend (the brother) off the loan. It's now been 6 years - the couple has made foolish financial investments (bought a second home & lost it) and now their credit is worse than before, they can barely afford payments on the original home and may go into default soon. My friend has been trying to get off the loan/title for past 2-3 years and esp. now, but the sister & her husband don't qualify for refinance and she refuses to sell the house. As a co-owner, can he sell it without her permission? He doesn't live there though and has not paid any mortgage payments towards that house and has no interest in the property. Or, if he files a "partition" lawsuit (not entirely sure what that means) as a last resort, is there a real chance for him to be rid of this house? Partition lawsuit is costly - so will it even be a likely option for the court to make the sister the sole owner if their income/credit is bad??
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