If only 1 name is listed as borrower but 2 names are on the deed, can the borrower force a sale?

My dad bought a house. Only his name is listed as borrower, however he put his and someone else’s name on the deed. He has been paying the mortgage for almost 10 years. This woman lives there that he put on the deed. Is there a way that we can force a sale of this house? He is in his 90’s and has never even lived in the house. He can’t afford to keep paying for this.

Asked on October 16, 2017 under Real Estate Law, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Being a borrower has nothing to do with a sale, however being an owner does. Since both your father's and his friend's names are on the deed, then they are both owners. Accordingly, in a situation such as this, your father can go to court and file for an action in "partiton". This is a legal remedy that is employed in situations such as this. The court will order that the property be split if practical. Yet, since a single family home is involved, the court will order a "sale in lieu of partiton". This means that the property will be put up for sale to the general public. First, however, any owner(s) who wishes to keep the property can buy out the other owner(s) for fair market value.


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