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Can I remove a deadbeat bro from a California home title?

Posted on: 15th Jun, 2010 01:28 pm
Background: I added my brother to the title of my home using a quick claim deed under pressure from my terminally ill mother 3 years ago under the agreement that he would make the mortgage payments. I was about to be mobilized in the Army reserve out of state. I made the monthly payments for the home even though I lived and paid rent in FLorida where I was assigned. The mortgage is in my name alone through the Mortgage Company. I made full payments from 2007until Jan 2010 under the agreement that he would assume full responsibility to pay in 2010. I could no longer take care of his family and mine. I believed in earnest that he was making the payments until I was contacted by the lender that the mortgage was delinquent and threatening foreclosure. In the last two weeks I have paid more than $ 4,394 causing hardship to my family.
Hi Guest,

Unless your brother signs a quit claim deed and transfers the property back to you, he would be considered as the owner of the property. You cannot forcefully remove your brother from the property deed.

Thanks
Posted on: 15th Jun, 2010 08:15 pm
I am the coborrower of the Mortgage on our house with my Mother the borrower. My Brother is only on the Quick Claim Deed, and he doesnt work or pay taxes. He lives in the house with me and doesnt contribute nothing, and feels he can live for free, with the rooms we rent for extra income,He takes this and spends it on himself after the mortgage is paid.Recently I did get a Mortgage Modification and the Mortgage is in my name only. Can I force my Brother out of the house, until I decided to sell or what ?
Posted on: 17th Jul, 2011 02:24 pm
Hi Guest,

If your brother's name is mentioned on the mortgage docs, then you won't be able to force him to leave the property. He is one the owners of the property and has the rights to stay there.

Thanks
Posted on: 17th Jul, 2011 11:58 pm
You're always going to be able to use the courts system to "force" your brother to leave. I don't suggest that anyone sue his brother, of course. Family ties that are broken are generally never mended later.
Posted on: 19th Jul, 2011 07:50 am
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