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joint ownership

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Icon Mini Profile mysticalforest4





Joined: 08 Dec 2009

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Post Posted: Tue Dec 08, 2009 1:19 pm    Post subject: joint ownership
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My sister's partner for 34 years has passed away. She is joint owner on the deed to their property. Her 25 year old daughter has locked her out of the home and will not let her back in. What are her legal rights to regain entry into her home?
Icon Mini Profile jenkin7
jenkin7




Joined: 04 Jun 2007

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Location: Hawaii
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Post Posted: Tue Dec 08, 2009 11:13 pm    Post subject:
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Hi mysticalforest,

If your sister is listed on the property deed as a joint owner, she is has legal rights to stay on the property. She cannot be forced out of the home as long as she is an owner of the property. She can consult a lawyer and file a case against her daughter. She has no right to lock your sister out of the home.
jim betha

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Post Posted: Thu Jul 07, 2011 3:32 pm    Post subject: joint ownership mortgages
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I have a friend that was a 25% owner in a family property where another brother owned a 25% share while the mother had a 50% share....this was private family ownership and not an llc or corporation and one brother got a mortgage on this property without the brother or mothers consent or signatures...can this be legal in south carolina
Icon Mini Profile adonis
adonis




Joined: 22 Oct 2005



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Post Posted: Thu Jul 07, 2011 11:42 pm    Post subject:
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Hi jim,

One of the owners of the property can take out a mortgage using the property as a collateral. I don't think it will be considered as illegal. That person will be solely responsible for paying the mortgage in full.

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