what are the legal obligations if a person is on the deed but note on the note.

one party wants to move the other does not, and does not want to buy out

Asked on July 2, 2017 under Real Estate Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Anyone on the deed is an owner, even if one of them is not also on a mortgage or note. If the two owners cannot jointly decide on what to do with the property, the one who wishes to sell can bring a legal action (lawsuit) for "partition" in chancery court (a part or division of county court) for a court order requiring that the property be sold and the proceeds (after paying costs of sale and paying off any mortgages, HELOCs, or liens) be divided amongst the owners. That is the law's recourse for when property owners are deadlocked: a forced sale. The law does not force a person who wants out of the property to remain legally and economically chained to it against his/her wishes. The matter would be resolved by the owner who wants to stay agreeing  to buy out the other. A real estate attorney could help the owner who wants out bring this action.


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