How to get a co-owner to sign over theor share of a house?
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How to get a co-owner to sign over theor share of a house?
My uncle and I are on a deed my grandmother left for us after she passed; I am listed as first on the deed. My uncle has not put 1 dime into the house since. I repaired everything, not an exaggeration, so the house can be habitable. I have paid on the mortgage all alone. The loan is a very bad one and it is getting to expensive for me.Can a court order him to sign the deed over?
Asked on May 6, 2019 under Real Estate Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
No, a court cannot order him to sign his interest in or share of the home over to you. What a court can do, if you and your uncle cannot voluntarily work matters out between the two of you, is order that the house be put up for sale and that the proceeds of the sale, after paying the costs of sale and paying off any mortgages, HELOCs, liens, etc., be split between the two of you. The court could also potentially order that you get a larger share to compensate for the investments you have made and costs you incurred but which your uncle did not.
If you wish to explore this option, which is traditionally called an action or lawsuit "for partition," consult with an attorney.
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