What proof is necessary to sue someone off the title of a house if that same person is not on the mortgage?

My fiance is on the title, is the only name on the mortgage, pays all bills and utilities (all under her name), and the house is her primary residence. Her mothers name is also on the title, however her name is not on any bills or utilities, she does not live there, and she is not on the mortgage. The mother is unwilling to agree to sell the house without a (large) cash settlement. What proof would be necessary to sue the mother off the title? Could the house be sold without the mothers permission?

Asked on June 29, 2012 under Real Estate Law, Nebraska

Answers:

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

Answered 8 years ago | Contributor

Your fiance needs to seek legal help in her area.  Her Mother has all the benefit with out any of the burden.  You can not transfer the property with out her signature.  Now, if she is also the owner of the property then technically she is also obligated to maintian the property, pay the taxes, etc.  So I would speak with ana ttorney to figure out what her half of those expenses have been for the last how ever many years your fiance has been footing the bill and offset the proeprty by that amount at the very least.  Then there has to do with donw payments, etc.  Good luck.


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