My husband is a co-signator on a home loan and the other person on the loan is always late with his payments. Now he entered into a repayment plan that he can no longer afford without my husbands consent. Can we evict him from the home since he is jeoprodizing my husbands creit by missing payment or being late all the time. At this point we can't trust him to make payments and were scared of forecloser.

Personally your husband would be better off to buy the co-owner out.

If the other co-owner defaults, your husband is going to get stuck holding the bag, so to speak, anyway.

You can not evict the owner of a property, even a co-owner. The bank wants its money and doesn't care if the two guys are paying equal shares, just wants the money. If the guy is not paying his half then your husband steps up or lets it go to foreclosure. Do they have a written agreement or partnership? Apparently the bank knew up front this guy was not a safe bet, thus the co-signer.

The guy basically told my husband that he cannot pay but refuses to forfeit his rights to the house and he told my husband that if we don't want the house to go into forecloser than we have to pay. He won't and he plans on staying in the house no matter what.

You said your husband is a co-signator, but you didn't say who is on the deed. If both are on the deed, then he can't be evicted. If your husband is not on the deed, then he is responsible for the loan without having any interest in the property.

In either case, if the co-borrower defaults on the loan then your husband has to sue him. He may be able to force him into a buyout where your husband takes full ownership and can then evict him.

If both parties names are on the deed he would file for a partition, the property would be put up for sale and he could acquire rights that way. If both names aren't on the deed as mentioned above... there isn't a lot of options.