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MKK

Who has the final say

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My niece cosigned with her father and stepmother. Without her they wouldn't have been approved for the loan to purchase a home. Now her father and stepmom wants her to sign her name off the title for the house but not the mortgage. She's been paying half of the mortgage as well as the utilities. She's been giving her parents the mortgage money in cash and of course her parents are denying she paid anything. She does have proof that she's been paying the utility bills. Since she's refused to sign the title to the house, her father has thrown her out? Are they allowed to do that? She wants her name off the title and mortgage but I think that her parents should but her out considering without her they wouldn't been able to be approved for a home loan. PLEASE HELP?? If anyone knows the law for the state of Hawaii

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If your niece's name is on the title in addition to her father and stepmother, then she is a 1/3 owner of the house (why is she paying 1/2 of the mortgage?).  She is more than welcome to sell her 1/3 share to her father and step-mother if they wish to buy her out.  The simple fact that she is on the title gives her exactly 1/3 say in what goes on with the house.  If there are disagreements, she may need to force the house to be sold through the courts to get out of this toxic situation.  If your niece is also on the mortgage, she needs to be sure the mortgage gets paid so her credit does not get ruined.   If she forces the sale of the home, the mortgage will be paid (if the home is not underwater) and she will be completely free from this.

 

As for the utilities, they have no bearing on the home ownership. 

 

I would recommend against removing her name from the title if she has a financial responsibility for the mortgage.  She would be giving up all her leverage otherwise.

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Now her father and stepmom wants her to sign her name off the title for the house but not the mortgage.

 

First of all, there's no way for her "to sign her name off the" mortgage.  She could only be released from liability on the mortgage by the bank, and the bank isn't going to do that -- particularly given that her co-signing was critical to the making of the loan in the first place.  Giving up her interest in the property would be monumentally stupid unless she and her father and stepmother have a contract that requires her to do so.

 

 

 

Since she's refused to sign the title to the house, her father has thrown her out?

 

Despite your use of a question mark, this sentence is not a question.  If you intended a question, I cannot discern what you intended to ask.

 

 

 

Are they allowed to do that?

 

If she is a co-owner of the property, then she has as much right to occupy it as the other co-owners (absent a contract that says otherwise).

 

 

 

She wants her name off the title and mortgage but I think that her parents should but her out considering without her they wouldn't been able to be approved for a home loan.

 

Getting her name off the mortgage would require that her father and stepmother refinance without her.  Do they have the ability to do that?  You didn't say how much time has passed since the property was purchased, but the fact that your niece has been paying a portion of the mortgage suggests that they don't have that ability.

 

The other option would be a lawsuit to force sale of the property, but that might result in the sale not generating enough to pay off the mortgage.

 

 

 

If your niece's name is on the title in addition to her father and stepmother, then she is a 1/3 owner of the house

 

We have no way of knowing who owns what percentages of the title.  Just because three persons are on title doesn't mean they each own the same percentage.

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One presumes she has a 50% undivided interest in place, with parent/step being other owner together as couple, otherwise why pay half? Not sure why she'd hand them cash v. pay 50% directly to mortgage holder, but all a court would need is to believe it is more likely than not that parent/step have ample incentive to lie, which didn't esn't seem hard in light of what info you relay. Does she even know if father/step are paying mortgage? I'd contact mortgage co.

She is free to move back in and call a locksmith if need be, unless and until a court of competent/proper jurisdiction says otherwise. Don't see that happening unless they're willing to lie to police and court and (through a process) prove entitlement to restraining order.

She's also free to rent out rooms, or invite folks they don't want around to hang out/live there.

Ask specific questions if what you want to know isn't covered here/above.

I'd at least pay real estate attorney to send ltr re: partition suit if they can't resolve issues.

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