Can a person who has 50% interest on a property void the other half owner? 7 Answers as of October 08, 2013

I have gained 50% ownership of my late son’s home via probate order. The other owner holds the mortgage which he has not paid in years, home is going to be foreclosed. Can the bank or a judge void his ownership and title and give me the mortgage and 100% title and ownership of the property so I don’t lose the house? It would be like me taking over the car payments and owning the car. Thanks.

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Law Office of Raymond I. Moniak | Raymond Moniak
Just based upon facts provided, you cannot merely void ownership of other 50% owner of real property by either bank or judge just for failure to pay mortgage. However, you have other alternatives to not lose the property to foreclosure. First, depending upon the stage of the foreclosure you can pay off the bank (a) the amount in arrearages so long as within the time allowed, generally before there is a Notice of Sale (look at the Notice of Default); or (b) the full amount owed to date as set forth in the Notice of Sale. Second, you can contact the bank to make other arrangements to prevent foreclosure if they are willing to negotiate. These alternatives merely prevent you from losing the property to foreclosure, it does not void the other owner's?50% interest or transfer full title to you. As to transferring title, have you tried negotiating with the other owner to buy his property interest out. You may be able to do so based upon your having brought the mortgage current as described above.? You should attempt this before going to the legal step (next). If you must, your best legal step is to file an action for Partition.? This action must be brought in the judicial district the real property is located (presumably by this time your legal interest has been fully transferred by a proper recording with the County Recorder's Office). A Partition action seeks to divide the real property by selling off the property and dividing the proceeds.?In this action you are permitted to recover the costs you paid to pay off the mortgage as well as any other costs you may have incurred.? Likewise the other owner can claim expenses such as improvements. While this doesn't in and of itself grant you full title, this is an effective tool in forcing the other side to transfer his interest in the property to you before the case goes to judgment.
Answer Applies to: California
Replied: 10/8/2013
Stephens Gourley & Bywater | David A. Stephens
He probably cannot void it, but he can facilitate a resolution of your interests or a sale of the property.
Answer Applies to: Nevada
Replied: 10/2/2013
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
you can file a partition of the property but that does not take him off the mortgage and you would have to pay off the loan.
Answer Applies to: New York
Replied: 9/30/2013
Janke Legal Consulting | Bruce C. Janke
You would have to file an action for partition asking the court to dissolve the joint ownership.
Answer Applies to: California
Replied: 9/30/2013
Mark S Cherry, Attorney at Law, PC
Mark S Cherry, Attorney at Law, PC | Mark Cherry
The Courts generally do not divest ownership, but you may be able to file for a "Partition" to compel the partnership property to be sold.
Answer Applies to: New Jersey
Replied: 9/30/2013
    Law Offices of Linda Rose Fessler | Linda Fessler
    You will have to take him to court to accomplish this. A very expensive proposition. It might be cheaper and easier to offer him a couple of thousand dollars to have him take his name off title. But so he does not take the money, and not sign it over, you should do it through escrow. I am sorry for the loss of your son.
    Answer Applies to: California
    Replied: 9/30/2013
    Danville Law Group | Scott Jordan
    No that cannot be done, unless the current owner files for bankruptcy. You can offer to purchase the other 50%.
    Answer Applies to: California
    Replied: 9/30/2013
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