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can my ex force sale of my house if she is on mortgage but not deed?

Posted on: 07th Jul, 2011 07:19 pm
i bought my house about 6 years ago. i paid the down payment, and only my name is on the deed. however, my then-girlfriend got me to put her name on the mortgage along with mine. we have been separated for about 2 years, and i have always made the payments. always on time, as well. as a couple we had a joint account, but since then all payments have come from my personal account (with the same bank that holds the mortgage).

suddenly, she comes back into the picture saying if i do not refinance the mortgage solely into my name by the end of the month, she is going to have her lawyer force the sale of the house. is this possible?? it is a terrible time for me to try and refinance, due to my credit (again, never late on the house, but medical bills, mostly). but i have paid everything into this place, and i cant afford for her to sell it, especially in this market.

please, any advice would be so greatly appreciated!!
I am never late on any of my regular bills. I make enough money to cover all my payments. There was a credit card issue a while back (when we were together, actually) but other than a few stray medical bills I am always on top of all my obligations.
Posted on: 07th Jul, 2011 07:25 pm
Hi paragonfishbowl,

If your ex-girlfriend's name is not mentioned in the property deed, then she won't be able to force you to sell off the property.
Posted on: 07th Jul, 2011 11:50 pm
Thanks! That is a relief... so when she says she is going to have her name put on the deed, that is a bunch of nonsense? I believe she may have physical possession of a lot of the paperwork, but that doesnt matter does it?
Posted on: 08th Jul, 2011 10:21 am
Hi Guest,

Unless you sign a quitclaim deed and add your ex-girlfriend to the property deed, she won't be able to add herself to the deed.

Thanks
Posted on: 11th Jul, 2011 12:05 am
The lawyer available to us through our union at work has now told me the exact opposite. He said it is "very possible" that she can get her name put on the deed. Is NY state in some kind of crazy real estate law vortex?? That seem absolutely insane.
Posted on: 11th Jul, 2011 02:06 pm
Hi Guest!

Welcome to forums!

Unless you add her name to the property deed, she won't be able to claim ownership of that property.

Sussane
Posted on: 11th Jul, 2011 10:43 pm
To have an accurate evaluation on your problem. You have to let an expert examine those payments that you made so that you can have the appropriate advise.
Posted on: 12th Jul, 2011 01:58 am
Regrettably, many folk come here anticipating that their queries will be addressed by "experts." Often, that's not the case, as we find a vast number of the responses are couched in terms such as "as far as I know," or "you need to contact an expert," etc.

Experts exist on these forums in many cases, and for those of us who've reaped the benefits of numerous years of experience, we are able to provide advice that directs people to the precise place they need to go to get that "expert" advice (when we lack).

Declaring that we can help with information based on "as far as I know" is rather a troubling notion. That's not going to give our posters much in the way of confidence in receiving such an answer.

I don't know the solution to this, but I'll contact the nearest expert I can find to see what can be done.

Thanks for listening.
Posted on: 12th Jul, 2011 10:33 am
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