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Owners Appear on the Deed Under the law, all people listed on the property deed own the property. It doesn't matter what order they're listed in they're all owners. Conversely, if you're not on the deed, you don't own the property.
If you are on the deed, you are an owner of the house. An owner cannot be evicted or removed from the house, even by another owner. your right to use, occupy, live in, etc.
No. You cannot legally kick someone out who owns the property. You each have the right to possess it. If the property has equity, then perhaps you can pay him for half and get him to sign off on it.
If your name is on the deed but not on the mortgage, your position is actually advantageous. The names on the deed of a house, not the mortgage, indicate ownership. It's the deed that passes real estate ownership from one entity to another.
There is no cause of action that allows a co-owner to evict you. However, the co-owner can demand that you buy him or her out. If you cannot reach an agreement, then the co-owner can file a partition lawsuit and force the sale of the home. You should see an attorney to discuss now.
The person whose name is on the deed has the title to the property. It's the deed that transfers title. On the deed, you'll find the property's legal description, including property or boundary lines. The deed identifies the grantor, or party transferring his interest in the property, and the grantee, who accepts it.
House Deeds: The Basics A house deed is a written document that shows who owns a particular property. When someone is ready to buy a house, the buyer and seller must sign a deed in order to transfer the property's ownership rights to the new homeowner. A deed is an important legal tool.
It is possible to be named on the title deed of a home without being on the mortgage. However, doing so assumes risks of ownership because the title is not free and clear of liens and possible other encumbrances. If a mortgage exists, it's best to work with the lender to make sure everyone on the title is protected.
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