Posted on: 03rd Mar, 2009 06:50 pm
My unmarried partner/co-owner and I bought a house together a few years ago. We have since split up. I have been making all payments on mortgage, taxes, insurance, maintanance, and any other bills ralated to the property. i have been doing this for the last 12 months. My ex-partner will not respond to any of my attempts to contact him. I can only assume he is hiding from any responsibility to this property. I have an idea where he is. So I have contacted family members and anyone that might be able to get a hold of him. Still no response. I got his address so I have sent multiple messages via certified mail, e-mail, and phone and got nothing back. I suspect as long as I keep paying the mortgage he will keep ignoring me. (This way he doesn't have to pay a dime and still maintain partial ownerhsip.) I have expressed desire to take over the mortgage and deed on my own since I can afford it.
I don't think he will just sign the deed and mortgage over to me or he would have responded by now. I offered a buyout and still nothing.
I know I could file a partition suit but don't want give up a house that I have a large amount of equity. Can I do a quiet title action? What other options do I have? Thanks a lot.
I don't think he will just sign the deed and mortgage over to me or he would have responded by now. I offered a buyout and still nothing.
I know I could file a partition suit but don't want give up a house that I have a large amount of equity. Can I do a quiet title action? What other options do I have? Thanks a lot.
you have mentioned the problem very precisely but i am not clear on the issue of who is staying in that house currently.If you can shed some light on this question then it will be better for us to offer the best solution to the problem. :wink:
Hi melinda,
Since your ex-partner is on the title, he still holds a right to the property and I don't think filing a quiet title will help you. Buying out is a good option. But as you have mentioned he doesn't seem to be interested in that. In this situation, I don't think you have any option other than filing a partition lawsuit. I think you should contact an attorney as he would be the best person to help you in this regard.
Since your ex-partner is on the title, he still holds a right to the property and I don't think filing a quiet title will help you. Buying out is a good option. But as you have mentioned he doesn't seem to be interested in that. In this situation, I don't think you have any option other than filing a partition lawsuit. I think you should contact an attorney as he would be the best person to help you in this regard.
I am currently living in the house.
I am currently living in the house. There is an seperate 1 bedroom apartment that a couple rents out.
i have been making the payments on my house for the last 17 years of those the 7 years my ex-spouse has lived in the house long with my kids i am wanting to do a quit claim deed and let them have the house will i still be responseable for the mortgage payment and how can i get off the mortgage
hi snowball,
you can quitclaim the property to your kids, but it won't transfer your loan obligations. to get your name off the mortgage, your kids need to refinance it in their names once the property is quitclaimed to them. but before you sign the deed get it in writing from them that they would refinance it as soon as they get the title. otherwise, you will be left to pay the mortgage without having the title in your name.
you can quitclaim the property to your kids, but it won't transfer your loan obligations. to get your name off the mortgage, your kids need to refinance it in their names once the property is quitclaimed to them. but before you sign the deed get it in writing from them that they would refinance it as soon as they get the title. otherwise, you will be left to pay the mortgage without having the title in your name.