If my spouse was joint on a mortgage with his deceased mother who willed her half to his sister, how do we get her out of the house?

Her name was added to the deed under false pretenses but he is the sole owner on the mortgage. She now feels she and her fiance can just live for free in our home and they are filthy. They haven’t cleaned anything, including dishes they take upstairs and let rot. She also goes through all of our belongings while we are at work and has been caught taking money from our wallets. Do we have to live in this nightmare?

Asked on June 12, 2012 under Real Estate Law, Delaware

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Okay you have a few different issues here.  First, if your mother in law did indeed Will her half of the home then she is a joint owner with the same rights as your husband.  Second, if your husband and his mother were both on the mortgage and sister inherited then she also takes it subject to the debt.  So she needs to pay her half (she and your husband can do so with out refinancing; it is an exception to the due on sale/transfer clause of the mortgage).  Next, what do you mean "false pretenses" regarding the deed?  It had to have been an executor's deed on transfer becuase of the death of the joint owner.  Please get legal help.  Ask a lawyer about an action for partition.  Buying her out is also a good idea.  The value of the house is as of the date of death of the mother.  Good luck.  


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