Posted on: 25th Oct, 2011 07:43 am
My husband and I own our house with my father-in-law. All 3 names are on the deed, and there is no mortgage. Recently my father-in-law has become very verbally abusive towards us, and horrible to live with. I myself am on the verge of a breakdown. We have offered to buy out his interest in the house, but he has refused. He has all but said he would rather stay here and make us miserable. Is there any way we can get him out of our house?
Hi Guest,
If your father-in-law's name is mentioned on the property deed as one of the owners of the property, then you can't remove him from the property unless he transfers the property to you. If you force him to leave the property, then it will be considered as illegal.
Thanks
If your father-in-law's name is mentioned on the property deed as one of the owners of the property, then you can't remove him from the property unless he transfers the property to you. If you force him to leave the property, then it will be considered as illegal.
Thanks
Hello worried,
You should consult with an attorney who can review your situation and explain your options in your state. Deeds should always be drafted by an attorney. You will need to decide how the property will be held. The attorney will explain the consequences of the various tenancies available in your state and will set up the correct tenancy in the new deed. Errors made by non-professionals can be extremely costly to correct If they can be corrected. Those errors are not usually discovered until the next time the property is sold. Transfers of interest in real estate should always be supervised by an attorney.
:idea:
You should consult with an attorney who can review your situation and explain your options in your state. Deeds should always be drafted by an attorney. You will need to decide how the property will be held. The attorney will explain the consequences of the various tenancies available in your state and will set up the correct tenancy in the new deed. Errors made by non-professionals can be extremely costly to correct If they can be corrected. Those errors are not usually discovered until the next time the property is sold. Transfers of interest in real estate should always be supervised by an attorney.
:idea:
>>Is there any way we can get him out of our house?
No.
No.
I've read something about a Partition Action. Is that something that could be done if he would continue to refuse? We are willing to buy him out, he is just not willing to let us do so.
Yes, but you'll have to go to court and make a good case, because the decision resides with the Judge, and Judges usually don't remove people from Title that are using the property as their primary residence. It'd be you against him. But you may have a good case ... talk with an Attorney that specializes in that subject and see. Several Attorney's don't charge a fee for the first 30 minutes of consultation.