Ex-Partner is on the Deed Despite Long Separation - What Rights Does She Have

[wumbarrific]

My question involves real estate located in the State of: Alabama

My (unrecognized, as this is Alabama) domestic partner and I live together, but only my partner's name along with her ex's name are on the mortgage of the house. Partner has been separated from her ex for the past 6+ years and we would like to remove her ex's name from the mortgage, as the ex no longer lives in the house, pays taxes, mortgage, contributes financially at all, etc. Does the ex have any claim to the house at all, since she hasn't been paying anything for the past 6 or so years and only lived in/contributed to the mortgage for approximately 12 months? We asked the ex to sign a quit claim deed, but she won't, saying that she "needs to have her lawyer look at it."

The odds of her managing to secure a lawyer are extremely low, as she has a poor financial situation. It would be easiest for her to sign the quit claim deed, as she is no longer in a relationship with my partner. However, she is a bit unstable and extremely vindictive and we are worried about what she may try to do, if there even is anything she can do. We are wondering what our options are if she won't sign the quit claim deed. I don't want my name added to the mortgage at this time; the goal here is to get the ex removed from any claims to the house.

Thanks in advance for any help!

[jk]

nobody has any right to demand the other party execute a deed.

If your partner wants the ex off the mortgage, your partner needs to refinance the property without the ex but that has nothing to do with a deed (ownership). Your partner can refi the property with just her name as debtor. The ex will have to sign a release of rights subject to the rights of the lender but it will remove the ex from any obligation for the mortgage loan.

the ownership is an entirely separate issue. If you want the ex to relinquish her rights, offer money.

We are wondering what our options are if she won't sign the quit claim deed.

to live with it the way it is or spend a lot of money filing a partition suit.

[wumbarrific]

Thanks for responding so quickly.

I'm a bit inexperienced in such matters; if the ex's name has been on the mortgage for the past six years that she hasn't lived in the house or contributed to any payments, could we also claim that she is responsible for part of the mortgage payments for the time that she hasn't been paying? And if so, could we offer to exchange her unpaid half of the mortgage over the past six years for her signing over the property?

[jk]

Thanks for responding so quickly.

I'm a bit inexperienced in such matters; if the ex's name has been on the mortgage for the past six years that she hasn't lived in the house or contributed to any payments, could we also claim that she is responsible for part of the mortgage payments for the time that she hasn't been paying? And if so, could we offer to exchange her unpaid half of the mortgage over the past six years for her signing over the property?

a jointly owed debt is considered to be just that; a joint debt. Whether the ex is actually required to pay anything is arguable. Do you have a direct action if she fails to pay? at most, you could attempt to sue her for what is owed. If that would scare her into relinquishing her interest is something only she knows.

so, has your partner attempting to refi the property in her name alone? If your partner cannot or will not refi in her name alone, demanding the ex relinquish her interest in the property is inequitable.

[wumbarrific]

I guess I'm hoping that if we were to sue for her supposed "share" from the past six years, she would perhaps be reasonable enough to forfeit any claims to the property and allow Partner to refinance the property in her name alone. Partner is willing but has not attempted to refi yet. There is a significant doubt that the ex would agree to sign over any rights, as she's incredibly spiteful. But she's always threatening to get a lawyer, have a lawyer look over fairly straightforward documents (Quit Claim Deed), etc., and hasn't actually done so (I think because of monetary issues) so perhaps if we go on the offensive it will indeed scare her into relinquishing her claim, as you said.

Another quick question: she has been abusive to my partner in the past, although this has never been reported. If we were successful in filing a restraining order and it were made permanent, would it stop her from coming onto the property that she still has a claim to? My thought here is that if she does decide to get vindictive, as she has in the past, how would we protect ourselves considering she is still legally a co-owner of the house?

[jk]

would it stop her from coming onto the property that she still has a claim to?

First, unless she is considered a threat currently (as in actively threatening), you won't get the restraining order. Then, you cannot generally restrict a person from property they own. Each owner has a right to possess the property so how it would work out exactly, I couldn't tell you but I suggest it would simply make a bigger mess that what you have.


what you can do is file a suit to partition. That is where the state is asked to attempt to divide the property. If it is not possible to physically divide it, the court auctions off the property and divides the equity among the owners. Usually everybody loses.

Partner to refinance the property in her name alone. Partner is willing but has not attempted to refi yet.

Partner needs to find out if she is capable of refinancing on her own. If she can't, it's all moot.

There is a significant doubt that the ex would agree to sign over any rights, as she's incredibly spiteful.

again; money makes the world go 'round. Your partner might start considering how much it is worth to get the ex to leave y'all alone.