My mother has fallen under hardship and can no longer afford her mortgage payment. The realtor has a solution of refinancing under my name to have the mortgage come down to a more affordable price. Only issue is my mothers husband whom she is unhappy with still lives here (rent free or without contributing to expenses). Am I legally allowed to evict him once my name is on the title of ownership?

  • Do you know where you're located? How long has he lived there?
    – user40839
    Jan 27 at 8:49
  • Is your mother aware of this plan?
    – user40839
    Jan 27 at 11:00
  • 5
    I'm not clear how refinancing under a different name is going to impact the mortgage payment. If it's simple refinancing under a longer term, the name change is not necessary. You realize, I hope that by signing a mortgage note you make yourself liable to pay it even though you are not talking about purchasing the home from your mother here. Being a co-borrower on the mortgage and being the owner of the property are separate things.
    – jwh20
    Jan 27 at 11:08

1 Answer 1


In the US, a house Title determines ownership, the name on the mortgage determines who owes the bank money. But a new mortgage will need the title holder to be on the document, because you cannot use someone else's real property as collateral.

As to who can evict someone, it's the property owner, not the mortgage holder.

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