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connie | Can I make him sell? |
My boyfriend and I bought a house together back in Feb. Its financed in both our names
We broke up a few weeks ago. We both agreed I would move cause I couldnt afford the payments.
He gave me $2000 to move out on but he had me sign a paper saying I release my rights and obligations to the house.
I called the mortgage company and they said as far as thier concerned I'm still liable to them . But he insists I sold my share of the house to him cause I signed that paper. It was never noterized. Can someone help me out? Would it do any good to take him to court to make him sell . |
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pplz1st
 |
2000 is not enough that is his rent to you for the half that belongs to you I would say like u r his landlady--take him to court.but don't let him know that u r to be on the safe side. |
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loanmasterone
|
The mortgage company is correct, they will not remove you from the note and obligation you signed with them.
The only way to legally remove your name from the note and deed of trust you signed is to have your boyfriend refinance the house in his name alone.
The paper you signed and the money he gave you will have to be played out in a Court of law to see if it is in fact legal. You should contact an attorney and show him/her the paper your signed for an interpretation.
You may not force him to sell as he can not force you to sell the property unless both are in agreement. You will have to get a court order to force a sale.
This is the very reason I inform my clients that are single and living together not to purchase homes together. We have laws that protect married individuals and how community property is divided, but none that protect the un-married individuals about community property and the division between the two individuals.
I hope this has been of some use to you, good luck.
"FIGHT ON" |
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Bill
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Nope, making him sell is out.
You need to talk to an attorney, though. Hopefully you have a copy of what you signed.
Lesson of the day for others: Do NOT do your own legal work if you're not an attorney. An attorney would have made sure that your relinquishment of rights came only after being off the hook for the mortgage.
Second lesson of the day for others: If you're going to buy a house with someone, marry them. |
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greybeads
 |
It sounds like you signed a quit-claim deed, which means you have given up all title rights to the property. The mortgage company is right; they still consider you as a co-borrower. The house and its payment status good or bad will remain on your credit record for as long as he owns in the house. Selling could be costly; a better option is to request that he refinance, which would mean a new loan in his name only. You want him to do this because the house showing up on your credit report could prevent you from obtaining future mortgages because of your debt to loan ratio would include the old house debt. You may need to hire an attorney to compel him to do this, but the legal costs beats having to rent for the next 29 years and 6 months. |
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kate
|
Your paper / contract with BF is meaningless to the lender .
Unless he refi's in his name only , you are totally liable for any & all ensuing debt .
Time to get an RE attorney and force a refi or sell .
> |
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bdancer222
|
What exactly did you sign? Was it just a paper saying you relinquish all claims or was it a Quit Claim Deed? Makes a very big difference.
You definitely need a real estate attorney. If the house was just purchase last Feb, there's probably very little equity. You just need to get out from under the whole thing.
You really need for the boyfriend to refi to get your name off the mortgage. At that time you can sign a quit claim deed and be done with it.
By the way, yes there is a way to make him sell. It's call suing for partition. You need a real estate lawyer and about $10K (so I'm told). It takes several years and in the end the place gets sold on the courthouse steps.
If your boyfriend can't refinance, you may be out of luck and stuck. If he pays late, it dings your credit. |
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MIND THE GAP
 |
You can only take him to court and make him sell if you are part owner of the property. If the paper you signed was a deed of any kind to him, you are no longer an owner of the property.
ALL deeds need to be notarized so if it was not notarized, IT WAS NOT A DEED and you are still a part owner.
See a real estate attorney NOW to protect your rights. |
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sosezshe
|
Ouch, sounds like you are between a rock & a hard place. First of all, as long as your name is on the title to the house, you are responsible for paying the mortage, regardless of what the piece of paper you signed states, period.
In order to take him to court, you will need to hire a lawyer. Additionally, you can not make someone sell a house.
How much do you have invested in the house? What is the fair market value of the house? Has the value gone up since you purchased the house?
If you have little invested, I would consider filing a Quit claim deed, taking yourself off of the title and walk away. If for some reason he can not or does not pay the mortage, the house will be forclosed on and your credit rating will keep you from owning another home in the near future.
If your investment is substantial, you might look into buying him out of his half.
Best of Luck |
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Weimaraner Mom
|
well you did sign a paper that waives your rights, however, in order to be not financially obligated on the mortgage you should have done a quit claim deed done on the property. When my parents divorced my father had my mother quit claim on the property. When he went into foreclosure on the house and the mortgage company came after her she showed the quit claim and their was nothing they could do to her because she legally signed away her rights on the mortgage. My father was 1/2 owner in my condo, when I sold he quit claimed on the property and so when I sold I got all the money and he legally had no right.
The document might cause you problems in court and it will definately cause you problems if he fails to make the payments because you are still legally obligated. Don't take him to court to make him sell, have a legal quit claim done that is filed with the clerk of courts and walk away. Any real estate attorney can do this for you for a minimal fee. Also note that if he defaults or goes into foreclosure it will show up on your credit, if you quit claimed you can show that document to any creditor when applying for a loan and they will accept it.
Word of advice, unless you are married never co-sign on anything with a boyfriend, car, house, credit card, because if it doesn't work out you are still legally obligated to make the loan payments. |
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