Contested mobile home possession between 2 young kids, never married, now split

UPDATED: Oct 1, 2022

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Contested mobile home possession between 2 young kids, never married, now split

My daughter bought a mobile home with her boyfriend. Things went good, then they went bad, then they went good, then bad, etc. She and their daughter are out of the trailer but he retains possession of it as it is on his grandmother’s land. He won’t pay the note, wont pay her his half of the note, heck, he won’t even pay his child support, paid 1 $400 child support payment and he has paid her nothing of any kind since and is $3400 behind on child support. Now he and his new girlfriend and her child are living in it. My daughter wishes to purchase a new home for her and her daughter but cannot qualify for the loan until this loan is paid off. She cannot get possession of the trailer to sell it as he and grandma will call the police if she goes over there. So she is paying the note, paid the taxes on it, all to keep her good credit rating. What are her rights, and how should she proceed?

Asked on July 17, 2018 under Family Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

1) She can bring a legal action in court to force the mobile home to be sold. The action could be resolved by him buying her out and refinancing the loan, if that is agreeable to everyone. The law does not let one owner of some item of property hold you "hostage" by forcing you remain the owner of something you don't want; the court has the power to order the sale (and then have any remaining proceeds, after paying the cost of sale and any loan, be divided between the owners).
2) In the above lawsuit (assuming they can't work it out voluntarily), the court might also give your daughter extra compensation for the fact that she has paid more of the loan and taxes than him.
3) She can also bring a legal action against him for the back child support. He can be punished by the court for not paying his child support, potentially with imprisonment.
Your daughter does have rights and recourse, but will find it much easier to vindicate her rights with an attorney's help; she should consult with a local attorney. A family law attorney would be a good choice.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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