Can I evict my sister out of the house if she has her name on the deed but not on the mortgage loan?
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Can I evict my sister out of the house if she has her name on the deed but not on the mortgage loan?
About 10 years ago I made the biggest mistake helping my sister purchase a house in which she promised she will be paying the mortgage/rent. She lives in the house while I live out-of-state. Then 2 years after the purchase, she decided not to pay the mortgage/rent and the
mortgage become behind payment for over 7 years now. If her name is on the deed, does this means she is a co-owner of the house even though my name is on the mortgage? Does she has the rights to stay? Can I remove her name on the deed so I can evict her out? She thinks she can live in the house for free while damaging my credit.
Asked on August 21, 2016 under Real Estate Law, Virginia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
The deed determines ownership; the mortgage is how received--and has to repay--a loan. If she is on the home's deed, she is equally an owner with you; you may not evict her, becasue one owner may not evict another and because her right to use, possess, etc. the home is equal to your right. You have two options:
1) Sue her her the money she owes you, under the agreement for her to pay rent and/or the mortgage, and under the theory of "unjust enrichment": it is legally inappropriate and unjust for her to get the benefit of living there without paying for the home--the problem is, if she does not have cash and/or a decent job working for someone else (so you can garnish wages), it can be very difficult to collect; and/or
2) Bring a legal action for "partition": for a court order that the home be sold and any proceeds, after paying off the loan and costs of sale, be distributed. Courts can order this when the owners of real estate do not agree as to what to do to it. Potentially, when distributing any proceeds, the court can take account of the amounts you have already paid and give you more of the proceeds. Actions for partition are complex, compared to many lawsuit; you are strongly advised to retain an attorney to help you.
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