Legal Question in Real Estate Law in Georgia
If a home was purchased in Jane's name and John & Joe helped pay the down payment of $10,000 that was paid out of Jane's bank account John gave Jane $3500 after the house was purchased and Joe gave $3500 before the house was purchased, but the home is only in Janes name, can John & Joe, claim ownership if they are not on title/deed in GA . There is no written agreemet, Only John lives in the home now. He has not paid in 6 moths. How can you get him to move out? Are they entitle to interest/ownership of the property.
2 Answers from Attorneys
No they have no interest in the property. They can not get him to move out and absent a written agreement it will be hard to get any of the gift funds / loan returned. Lender will likely foreclose and no recourse available for the non owners.
Actually I misread if Jane is resident title vested she can certainly evict a non paying tenant. But at this point she is likely to lose the house to foreclosure.
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