Legal Question in Real Estate Law in Ohio

co-tenants, both on deed, seperation of tenants

My mother in law has resided in her home for 10 yrs. An origional land contract agreement was obtained by her and her husband, from her brother. They got a divorce after a few yrs, and she remained in the home. 2 yrs ago, they had gotten back together without remarriage and obtained a new home loan for the house. The loan is in his name, but both are on the deed for the home, and she pays most of the utilities. This was agreed on because she wanted to be able to sell the house only if they both agree. He has acted in bad faith before and left her financially broke. They had $15k cash from the loan for improvements. The money was spent on other things (by him), and now that he doesn't want the house or her, he refuses to pay any utilities or mortgage payment. Apparently he moved out and threatens to let the lender forclose on the loan, causing her to lose her house, and again financially broke. Is there anything she can legally do to assume the loan and remove him from the deed of ownership?


Asked on 7/16/00, 7:49 pm

1 Answer from Attorneys
Gregg Manes Gregg A. Manes, Esq.

Re: co-tenants, both on deed, seperation of tenants

Unfortunately, you are in a bad bargaining position. In order to get his name off the deed you have to do one of two things: 1) buy out his interest or 2) file a pettiion in partition. this is where the land is divided up and sold at sherrifs sale. At that point you can buy it at sherrifs sale. The first optionis done with his consent so if that is unlikely, then you will have to go the other route.

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Answered on 9/10/00, 8:59 pm


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