My brother Name is on the deed of my father house and his wift name is on the Mortgage oh own the house ?

Asked by moodie27michael, Oakland, CA Tue Oct 1, 2013

She is behine one mouth Mortgage we wont her out of our dad house but we don t know how to do it the right way can you help,,,

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8
Kevin and Ju…, Agent, Wildomar, CA
Mon Oct 14, 2013
Whomever is on the deed, owns the rights to the property. That same person(s) may or may not be obligated to the loan against the property. Sounds like your situation is tricky, as family matters can be. Consult a Real Estate attorney.
0 votes
Charles Pitts, Home Buyer, San Francisco, CA
Sat Oct 12, 2013
the bank will be sure to have a team of lawyers to get their money
half of every thing means half of the debts also
0 votes
JR Thrasher, Agent, San Diego, CA
Wed Oct 2, 2013
What a mess, for answers to questions like these I use the California Bar Associations attorney referral service. I'll put a link to it in the web reference below.

J.R. Thrasher
http://www.SanDiegoRealEstateVeterans.com
619-929-0105
0 votes
The Medford…, Agent, Fremont, CA
Wed Oct 2, 2013
Another vote for "Consult a real estate attorney".
0 votes
Pacita Dimac…, Agent, Oakland, CA
Tue Oct 1, 2013
Be safe, be sure.....consult an attorney. That's the right way.
0 votes
Matthew Smith, Agent, Oakland, CA
Tue Oct 1, 2013
Whoever is on the deed owns the property.
0 votes
Lisa Cartola…, Agent, Oakland, CA
Tue Oct 1, 2013
Hi,

Just trying to clarify. Your Dad and his wife are living in the house that your father is on the deed but his wife's name is on the mortgage? Is that correct? If his wife is on the deed also then she definitely is part owner. Without knowing all the details about the deed and how they are holding the property, it is going to be tough to answer your question.

CA is a common law state, so it makes things more complicated. Even if you dad is the only one on the deed and his wife is on the mortgage, because they are married it could mean that they would each be entitled to half the property.

Without knowing all the details of the situation, I would recommend contacting a real estate attorney to look into the details of the current situation and what options there are.

Hope this helps!

Lisa Cartolano
Alain Pinel Realtors
BRE 01715440
http://www.ViewOaklandHomes.com
http://www.ViewOaklandHomesBlog.com
0 votes
Thomas Moser, Agent, East Northport, NY
Tue Oct 1, 2013
Is his wife also on the deed? If so, she owns the house, too.
0 votes
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