Legal Question in Real Estate Law in Florida

OK my question is my sister in law bought a house with her at the time fiancee..they split up and she moved out...now the mortgage is in her name but both names are on the deed of the home and property...reason only her name is on the mortgage is because his credit was too bad for a mortgage, so he GIFTED her 30,000 dollars as a down payment for the home...and now the home is in foreclosure with him still living in the home..and i believe there 3 months into the foreclosure...now onto my question...she wants to get the house out of her name and into his name...so what does she have to do...now with her name being on the mortgage, does she have the power to kick him out of the house even though both names are on the deed. and she has been out of the house since april of this year...so any help would be helpfull, should she get a lawyer... now if they take it to court, what can he do since he GIFTED her the 30,000 dollars
thank you
ralph

Asked on 11/16/09, 6:57 pm

2 Answers from Attorneys

Sarah Grosse Sarah Grosse, Esquire

0 users found helpful

0 attorneys agreed

Getting a lawyer would be a good start. The loan (mortgage) is in her name, so she owes it. If the fiancee is not asking for the 30K back, I fail to see why that matters. The bank is going to kick anyone's butt out of the house if it is foreclosed, and your sister isn't living there, so I don't know why anyone would get kicked. What does your sister want????

Answered on 11/21/09, 11:59 pm

Mark as helpful