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THE GENERAL MANAGER
CITI BANK LONDONADDRESS: PROMENADE LEVEL, CABOT
PLACE EAST , CANARY WHARF , LONDON E144QS.CONTACT PRIVATE
EMAIL: citibank_kennethdolton@yahoo.co.uk,
CONTACT... |
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Additional Details
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Chris C | I have been paying a mortgage although my name is not on it - do I have any rights to the property ? |
I am living with my partner and 2 chidren and we are having a tough time right now. I hope it will all be resolved but her name is on the mortgage only although she was not worked since the birth of our first daughter (who is now 5) and so I have been to sole wage earner and thus paid the mortgage ever since. Do I have any rights to the property or is it as I suspect a case that she has all rights as the name on the mortgage |
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wildraft1
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This is anything but black and white. Obviously, her name on the mortgage makes her responsible if she (you) were to stop paying..and you would be in the clear. That being said, I'm sure a judge would still take the situation into account if there were some dispute. I think you have a good chance of owning at least part of the equity value in this case. Don't just roll over if it comes to splitting up the assets. Let the courts decide on this one. |
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stephenweinstein
 |
Rights to the property are determined solely by whose name is on the title, not by whose name is on the mortgage or by who pays the mortgage. |
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MissV
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If you have a receipt showing that you have been making the payments, you may be able to make use of that info in the future. For instance, if it goes into foreclosure because she's not making the payments and you want to purchase. I'm not saying to stop paying it: just that you may have an issue later with support payments, etc.
But because you have children you may want to have a discussion regarding putting your name on the deed. Better yet, identifying the type of relationship you plan to have in the future. Sounds like 2 adults are playing house. |
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jimmyroamer
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I am not sure which country you are in as that has a big impact on your situation. However if you were in the UK then the dissolution of the relationship could be treated in the same way as a divorce and therefore you may have some rights to a stake in the property. If you are in the US I am not sure how the law there deals with common law relationships.
You also don't indicate whether the children are yours as access to them would also be determined by the courts. I would suggest having a chat with a lawyer just to get a proper view of the situation. |
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jorge e
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If you are not on the mortgage, then you are not entitled to any of it unless the one who is on the agreement/mortage signs you as part owner/cobuyer for that property. |
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davetumalty
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If you name is not on the mortage or the deeds then you have no claim to it. |
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ClaireBear
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No. The only way you can get what you paid is by burning it down and claiming what you paid on it with your insurer. |
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oldehippy99
 |
The answers you have been getting are correct "in law". There is, however, another "Court". In Canada at least, and I suspect also in the US since the courts of both countries have a common British heritage, every superior court is both a Court of Law and a Court of Equity. You do have a case in Equity.
"Equity" essentially means "fairness" in this sense.
You refer to your partner's name being "on the mortgage" -- and I assume that you mean that Title to the property is registered in her name. You could file a caveat against the property claiming the amounts you have paid. In that way she could at least not sell it without answering your claim in court or paying you out of the proceeds of the sale. (If she just quit making payments and the mortgage company takes the house, you're probably out of luck because the mortgage would be registered on the title ahead of your caveat.)
At the same time, you could file a Statement of Claim (be sure you file it in a court that has Equitable jurisdiction; in Alberta or Ontario that would be The Court of Queen's Bench). You will, however, need the help of a lawyer to do this because if you make a misstep that puts you into a "legal position" you will lose; your claim must be couched in terms of Equity.
One further point. "He who seeks Equity must have clean hands." That means that any hint of misrepresentation or dishonesty on your part throws you instantly out of Court.
Your best move may still be negotiation. ??
Good luck. |
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bud68
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You only have rights to the property if your name is on the title. That is separate from the morgage note. |
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AJ Ngonyani
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I'm going to say that you don't have any rights to the house--even though you have been paying. I paid on a house for 5 years that my name was not on....and I had no claim to it... |
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jibs
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If her name only it her property I'm afriad! |
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