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  1. #1
    Join Date
    Jan 2016
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    Default Can You Evict a Person Who Cosigned the Mortgage

    My question involves a mortgage in the state of: so my sister and I bought this house together. I'm the primary and she's the co signer. She lives at the house and I live and pay rent somewhere else. She is two months behind on rent what are my options? Can I evict her? Can I sell the house? What are my options?

  2. #2
    Join Date
    Oct 2006
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    16,474

    Default Re: Can I Evict a Co Signer

    Quote Quoting candace1985
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    My question involves a mortgage in the state of: so my sister and I bought this house together. I'm the primary and she's the co signer. She lives at the house and I live and pay rent somewhere else. She is two months behind on rent what are my options? Can I evict her? Can I sell the house? What are my options?
    If you both own the house, then no, you cannot evict her.

    However, you did not name the state, posted as if its a mortgage, and then you mention rent. So, all in all, nobody can really answer you.

  3. #3
    Join Date
    Jan 2006
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    38,867

    Default Re: Can I Evict a Co Signer

    Who is on the mortgage is irreverent. What matters is who is in title of the property. If both of you;

    To whom is she paying rent to? I suspect it is to you. If so, while she could enter into a contract to pay you rent for exclusive possession of the property, in general she has no obligation to pay you rent to live in the home although she would lose her exclusive rights to possession.

    So, what state and who is in title of the property?

    and I don't recall ever seeing a mortgage with a co-signer (as in a guarantor). They have always been co-borrowers where the mortgage is in both names.

  4. #4
    Join Date
    Mar 2013
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    18,340

    Default Re: Can You Evict a Person Who Cosigned the Mortgage

    Quote Quoting candace1985
    View Post
    My question involves a mortgage in the state of: so my sister and I bought this house together. I'm the primary and she's the co signer. She lives at the house and I live and pay rent somewhere else. She is two months behind on rent what are my options? Can I evict her? Can I sell the house? What are my options?
    If you are both owners on the deed then you can't evict her and you can't sell without either her consent or by filing a very expensive "partition action." Google it.

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