Legal Question in Real Estate Law in Connecticut

forced conveyance

I purchased a house with my sister with each of us verbally agreeing to be co-borrowers on the mortgage. Within 16 months my sister announced that she was moving out, only making two additional payments of her half of the mortgage payments and that the house was either to put up for sale or I was to find my own mortgage within a year with her willingly signing a quit claim deed. This all may sound good, however, it put me into a terrible bind and I, personally was O.K. with the terms of the existing mortage. Given that my sister relized her liability she retained an attorney and has started the process of building a case against me in a forced conveyance of the property -if - I do not get my own mortgage so as to relieve my sister of her responcibility of the existing mortgage. This is all fine, except that I am fine with the existing morgage terms, do not want to change at this time due to my own financial burdons, this has and is costing me even more money. Is there a way to stop this conveyance and do I have any recourse in the matter to recoupe the out of pocket expenses that this is costing me. Please help.

bpg


Asked on 10/27/06, 10:17 am

1 Answer from Attorneys
John Heffernan Heffernan Legal Group, LLP

Re: forced conveyance

She can force the sale thru a partition action (very costly and you get a lousy price for the property). Have you approached the lender to see if they will leave the mortgage in place but relieve her of the liability {i.e., take her off the mortgage)? If your credit is OK, they may. Otherwise, you'll have to refinance or sell to get her off the obligation. You are entitled to half the mortgage, insurance and tax payments you have made, but not utilities and upkeep (you got to live there, after all).

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Answered on 10/30/06, 3:00 pm


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