If I have a mortgage in my name and my mother co-signed, can she legally kick me out?

Can she legally remove me from the mortgage with out my signature//consent?

Asked on July 7, 2012 under Real Estate Law, Colorado

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If your name is on the mortgage and it's your home, then a co-signor cannot kick you out.  A co-signor is not in the same position as landlord.  They have an interest in the property, but they don't have the right to unilaterally dispossess someone of their interest.  In order to get your name off the mortgage, she would have to have your consent or a court order to do so without your consent.


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