AboutJohn Expertise I have studied Real Estate for over 7 years and my wife is a Realtor with Century 21. Need help with buying, selling, Landlord-Tenant, foreclosing, loans, or more? I can help you or show you where you can find the help. Wife has a web site with a lot of info on it for almost anyone.
Experience Over 7 years studying and wife is Realtor.
Education/Credentials Over 7 years studying and wife is Realtor.
Expert: John Date: 2/17/2008 Subject: What are his rights?
Question Hi John,
My boyfriend purchased a home 4 years ago when he was planning a life with a woman who is now his ex-girlfriend. He sold his home and then purchased the one he currently owns and included his ex's name on the deed and mortgage for the new house. Technically, they co-own the house; however, he put all of the money down on it from the sale of his 1st home and has paid the mortgage for the last four years. She broke up with him immediately after closing and refuses to take her name off of the house. Since their break-up 4 years ago, she has moved back into the house 3 times (maybe to establish residency?). She lives there for a few months and leaves again. He is powerless to stop her because she'll say, "It's my house too!". This time, she has been living in the house since August 2007. She allows her family and current boyfriend to stay there whenever they want and it makes for a VERY uncomfortable situation for my boyfriend. Yesterday she told him, he would have to buy her out if he wants her to leave. She clearly used him 4 years ago to buy a very expensive house that she could attach her name to and create a nice little nest egg for her and her children. He can't refinance, sell or do anything without her consent. The mortgage comes from a joint bank account that was created for the sake of paying the mortgage. He can prove that he puts all of the money into the account (He transfers it directly into the joint account from his personal checking account). He can also prove that she has not paid the mortgage since they bought the house, but she has given him money for bills since she's lived there. The money she gives him is about 20% if the total bills in the house. What can he do to get her name off of the house without having to pay her? He works two jobs to support this house! She is a gold digger who used him just to get him to buy a house that is way out of his price range and now the only way he will ever be to sell it is by paying her money. Please tell me he has some recourse?
Thank you so much for any advice you can give us.
Answer I am sorry to break this to you, but as much as I would like to say there is a way, there is not.
Even though I agree that she should not get anything, since her name is a the deed, he will have to buy her out.
You could talk to a real estate attorney and double check to see if there is a way, but from what I know there is not.
However, if you do find a way, please let me know so I can help others in this.
If I was you, since you say he can not afford it, is to sell it. She will have to agree to the sell.
Each gets half of the sell, and he can start over on a new house.
Now here is where it will get tricky and you should talk to a real estate attorney on this part. As far as I understand, the person that has been making the payments on the house and paying the taxes will get that all back from the other person half.
So basic he would get half of the sell plus refund from her half for the taxes and payment paid.
She would get what is left then.
While I think you do not want her to get anything and I agree, its the best way to walk away from.
Now, if she refuses to sign to sell it, then you will need to file a law suit to force her to sell. See a real estate attorney on this.
