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Can one co-owner remove another from property title after mortgage default?

Can one co-owner remove another from property title after mortgage default?

Q: Can you sue someone for not paying a mortgage?

Yes, you can potentially sue a co-owner for not paying their share of the mortgage if you have a legal agreement that specifies their obligations. However, pursuing legal action can be complex and may not guarantee recovery of funds. It's often advisable to explore negotiation or mediation first.

Q: Does my husband still have to pay the mortgage if he leaves?

Yes, your husband remains legally responsible for the mortgage even if he leaves, unless the mortgage is refinanced or the property is sold. Both parties are typically liable for the mortgage payments, regardless of living arrangements, until the loan is resolved.

Q: Does a mortgage destroy joint tenancy?

A mortgage does not automatically destroy joint tenancy. However, if one co-owner defaults on the mortgage, it could lead to foreclosure, which may affect the joint tenancy. If both owners are on the mortgage, they remain joint tenants unless a legal action changes the ownership structure.

Full question:

Two persons bought an apartment in Miami, florida, they took a joint mortgage. One leaves and stop paying their share. The other person stas in apartment and keeps paying the mortage by herself for several years. Can she get the defulting person out of the property Tittle?

Category: Real Property
Date: 04/07/2025
State: Florida

Answer:

To remove the co-owner from the title, you generally need a conveyance from them. Since you have been making all the mortgage payments, you may have a claim for half of the equity from the co-owner. However, the co-owner might argue for a setoff based on the rental value of the property, which could complicate matters.

To determine a fair buyout price, you could consider the following formula:
Market Value - Mortgage - 1/2 of Principal Payments - 1/2 of Taxes or Maintenance Paid.
This means you would receive credit for the principal payments, but not for the full mortgage payments.

If you lack the funds to buy out the co-owner, refinancing might be an option as part of the buyout process.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Is a joint mortgage the same as joint ownership?

No, a joint mortgage and joint ownership are not the same. A joint mortgage refers to a loan taken out by two or more individuals to purchase property, making them equally responsible for repayment. Joint ownership, on the other hand, means that two or more people hold title to the property, sharing rights and responsibilities regarding the property itself. It's possible to have a joint mortgage without joint ownership, and vice versa.

What happens if you split up with someone you have a mortgage with?

If you split up with someone you have a mortgage with, both parties remain responsible for the mortgage payments unless the loan is refinanced or the property is sold. If one party continues to live in the property, they may need to negotiate a buyout or a new arrangement with the other co-owner regarding the mortgage and property title.

What happens if a co-owner stops paying a mortgage?

If a co-owner stops paying the mortgage, the other co-owner is still responsible for the full mortgage payment to avoid default. The paying co-owner may seek legal options, such as negotiating a buyout or pursuing compensation for their payments, but the non-paying co-owner's lack of payment can complicate ownership and financial responsibilities.