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My father and I purchased a home January 1989 in Colorado. I have lived in and paid all house payments from January 1989 thru October 2009. My parents did pay November and December 2009 and February 2010 due to me not being able to make those payments. I am now back on track and am making payments again. I am the borrower on the loan and my father is the co-borrower. He wants his name taken off the loan and is saying he can force me to sell the house by taking me to court and that he can take half the equity in the house even though I have made all the house payments minus three for 21 years. I have also paid all the insurance and taxes for the last 21 years. The deed is made out as tenants in common. Can he do this??? I have so much more invested in this property and equity than he does. This just does not seem right. If I am forced to sell my home, how can he claim to get 1/2 of the equity and not have paid anything into it. We are in a bitter battle and not speaking at this point, they disgust me and are very vindictive. Thank you for your comment/comments.

riseabove · Joined: 09 Nov 2009 Posts: 277 11.01 Dollars($)

I'm not an expert on this so it's opinion only, but i think the key issue here is who is on the deed, not who's on the mortgage or who's actually paying the money.

If you are both on the deed, then as far as I'm aware the proceeds of any sale are split between you, similarly to if you were husband and wife but only one of you was actually making the payments.

There's a big difference between being on the mortgage note as a borrower (wich obligates you to pay the mortgage off) and being on the deed (which has no bearing on the mortgage, but confirm your ownership of the property).

jenkin7 · Posted: Sun Feb 07, 2010 11:06 pm Post subject:

Hi tjdonovan,

Whether your father has any rights to the property depends on whether his name is listed on the title. Being on the property deed is not same as being on the mortgage. If your father is listed on the title to the property as a tenant in common, he does have certain rights to the property and can claim an interest when the home is sold. However, since he has not made any contribution towards the loan, I don't think he can claim half the equity in the house. However, he can force you to sell the house if he is on the property deed. You can consult a real estate attorney to know more about what rights you have in this situation.

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Can I be forced to sell my home