who gets equity

Posted on: 02nd Dec, 2007 07:15 pm

i bought a house with a girl friend i was planning to marry. and i put 70,000 down from my own seperate account and my father. she is on the loan and deed. well we split a year ago and now wants to claim half of the equity. she has paid no payments and we are not married. the loan has us as husband and wife, but in ohio there in no common law marriage. what will happen? i just want her to quit claim and i can refinance in my name only. she will not sign unless she gets half of the equity. the house is only a year old and realtors refuse to list for sale unless i ask 25,000 less than purchase price! i have copies of my down payment showing that she did not invest an money into this house. also can i make her pay me back half of the mortgage. she was suppose to help pay.

Total Reply : 5

If your girlfriend is on the deed she has ownership rights to the property.

You cannot make her sign a quit claim forcefully if she is not willing to do so.

You may consult an attorney and see if you may sue her to the court to make her pay half of the mortgage.

Niicss

Posted on: 03rd Dec, 2007 03:11 am

You are tenants-in-common, which means you both own an undivided one-half interest in the property. You can go to court and partition the property. However, since the only equity has been contributed by you, and there is no appreciation, the court should order you the whole house. There is nothing you can do to force her off the deed. You should consult with a real estate attorney.

Anonymous

Posted on: 03rd Dec, 2007 08:45 am

Hi caymanss,

Welcome to this forum.

I agree with the above posters. You cannot force her to sign quitclaim deed. But you can buy her out and request her to sign the quitclaim deed.

Thanks,
Larry

larry2

Posted on: 03rd Dec, 2007 10:33 am

Agreed, Call an attorney!