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exbeachW · Jan 10, 2009, 12:30 PM

My daughter and husband have a joint tenancy mortgage/deed with my exhusband. My daughter has made $76,000 worth of mortgage payments while living in the home with her husband and child. Recently she became ill and unemployed. The house was on the market for many months with no offers, and the mortgage payments became late and in arrears, at which time her father announced that he wants them out of the house, as if he is their landlord. To try and force them to get out, he has given a key to a homeless man and told my daughter that "Randy" would be moving in. My son-in-law told him no way would he endanger his 11-year-old daughter by allowing that, and installed a deadbolt lock to protect his family. Currently my daughter has a forebearance from the bank until April. Does her father have any legal leg to stand on?

excon · Jan 10, 2009, 01:00 PM

Originally Posted by exbeachW

Does her father have any legal leg to stand on?

Hello ex:

Nope. They're CO-owners. One owner cannot evict another owner.

One owner, however, such as your daughter, might be able to get a restraining order against another owner, such as your ex, and then he couldn't come within a certain distance from the house.

His trying to bring a homeless man into her home certainly sounds like he's endangering her family to me. Maybe it'll sound like it to a judge.

excon