Legal Question in Real Estate Law in Connecticut
eviction
My son co-owns his home with his wife and father-in-law. Now they are divorced and wife has moved out. Son lost his job..cannot now pay the mortgage. House has been for sale 8 months. FIL says ''get out'' and he will pay mortgage until it sells. He thinks house will sell better empty. Son canot rent anywhere until he finds a job, so he has no place to go. He has joint custody of childrens (2 and 4 yrs old) FIL has to now pay mortage or house will be forclosed. Can he force son's eviction?
2 Answers from Attorneys
Re: eviction
You son's father-in-law may not evict your son. Co-owners all have the right to occupy the property.
Your son may want to offer to his father-in-law that they have an agreement allowing more of the net proceeds of sale to go to the father-in-law to reimburse him for that portion [a percentage] of the mortgage and other payments that your son was not able to contribute to during his period of unemployment. Or, your son may suggest that his father-in-law buy out your son's interest now. That would permit your son to move and pay rent somewhere else.
This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.
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Re: eviction
He can not evict your son because your son is a co-owner of the property. This does not mean, however, that he can not seek reimbursement for all or a portion of the mortgage payments.