Legal Question in Real Estate Law in Texas
My mother in law is in a shared mortage with a gentleman she used to be involved with.He has turned dead bebt. Beat her, she has restraining order against him. Needless to say he has abandoned the property intirely. How can she go about having his name removed from the paper work so he has no right to the propety she is paying byherself.
2 Answers from Attorneys
The only way to do this is to refinance the loan. This requires a lender approving her, and believing that she has the ability to pay the loan all by herself, without a cosigner.
Is this man's name also on the deed? It makes a difference.
If he is only on the mortgage, no problem, she can just keep on paying the debt and the house is hers. If he is on the deed, then he will need to deed his interest to her, or she can live there WITHOUT HIM for 10 years and acquire his interest under the doctrine of adverse possession.
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