Two people are on the deed of a house. Person # 2 live sin the house. Person # 1 does NOT live in the house. person # 1 is the only name on the mortgage. Person # 1 does NOT live in the house. Person # 1 wants nothing to do with this house. THey will sign it over and wants no money. Person # 2 just has to get a mortgage in their name. Person # 2 will not go get a mortgage. Can the courts force Person # 2 to get the mortgage in their name? The house is up for sale but person # 2 makes it undesireable for realtors to come and show the house. Can the courts force person # 2 to move out of the house?
Answer
1 should bring an action in partition to sell. Court will enforce cooperation. If 1 has been paying mortgage, he may have a lien for partial reimbursement.
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