Can you be evicted from your home if you are on the title as joint owner and other person has made all payments on mortgage?

Asked 9 months ago - Southmayd, TX

My son and I bought a home together, borrowing money from my brother. My son has made all payments on repayment of note. I have lived here over 1 1/2 years. He has lived here about 6 months. He hired a lawyer requesting me to sign over my interest to my son or pay 1/2 of mortgage payments. Can he evict me for non payment to my brother?

Attorney answers (2)

  1. William B. Gammon


    Contributor Level 4


    Lawyer agrees

    Answered . No. Assuming that your brother has a security interest in the home (as beneficiary of the deed of trust), he can foreclose but only if he does not receive payments per the terms of the note. If the note has been paid promptly the only thing your son can do is to sue for partition or perhaps a liquidating receivership for the home.

  2. Kathryn Mary Holton

    Contributor Level 18

    Answered . See Ms. Walter's answer on duplicate post.

    Providing general answers are meant to help the poster to understand some complex legal concepts and in no way... more

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