My son-in-law stopped working more than a year ago and since my name was on the mortgage I have had to pay. They have two small children (4 & 2) and the daycare is more than what my daughter can make at the jobs she's applied for. She currently does babysitting and other things at home to bring in some money. He has gotten a student loan and has stated he would work but needs to find something that would fit his schedule. So far the most he has been willing to do is work about 15 hours a week. He says he has nothing left over for the mortgage.
My daughter's income pays the water, electricity etc. I also have take her to the store so my granddaughters have enough to eat.
Ok, how do I go about evicting them from their home. All three of our names are on the title, with only my son-in-law and myself on the loan atm.
Because of his bad business deals my daughter is having to declare bankruptcy (he had no credit for credit cards etc... but convince my daughter to charge real estate mentoring etc to the toon of $50,000.
When I speak to them my daughter cries, and puts more on her plate. He makes no changes... Since I make so much money I believe he feels he doesn't need to do anything.
My husband is at his wits end and wants them to feel we are evicting them ASAP... even though we may not go through with it... so how do I start?

Hi Katjo...

Please wait to see what others with more experience with this stuff thinks, but after reading this, especially where your husband, "wants them to feel we are evicting them" I got to thinking my first step might be to try to rent a room or the basement or attic out with shared kitchen and laundry privledges as they can't possibly expect you guys to continue floating all this without some help at this point... see what the son-in-law thinks about that... may be that if he loses some space/privacy it may light a fire under his fanny! Of course, the home would need to have a separate bath/bedroom area.

At a minimum, I got to thinking that if your son-in-law would allow this that it might start to really show his truer colors to your daughter... maybe?

Anyway, was just a thought, but wait for the others to chime in and answer your question more directly, OK?

I will spare you my thoughts on any person that would accept such CHARITY without doubling up their effort!!

Best wishes here...

Mark

If they are on the deed you can't evict them. If they are on the deed you can't sell the house without their permission. So, you need to work something else out.

Since your daughter and SIL can't afford to maintain this house they should make plans to sell it and find something less espensive - that's what responsible people do. But you can't force them to be responsible adults. Perhaps you could agree with your daughter and SIL to buy them out, so that you become the sole owner and your daughter and SIL become your tenants. They would probably welcome the influx of cash. Then you can do with the house what you want - such as charge them rent and evict them if they still can't afford it.

Since you co-signed the loan there really isn't much else you can do other that you stop paying the mortgage and let the bank foreclose. But that would destroy your credit rating and at the end of the day everyone loses. So if the suggestion to buy them out is impractrical, and you don't want to ruin your credit rating, you are stuck paying the mortgage.

You are in a tough spot and may just end up paying for their home for them, welcome to being a loving co signer, something I would never do for anyone.

I may have bought the home and did sold it to them perhaps sold it to them on a contract for deed.

At this point you can't force them to sell, you can't make them pay, and you can't evict.

When is the last time you sat down together and decided on a plan.