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  1. #1
    Join Date
    Sep 2006
    Posts
    28

    Unhappy Fiancé's Name was Accidentally Put on the Deed

    I purchased a house a few years ago and originally I was told that my fiance would have to co-sign. We did all sit at the closing table and sign documents, however, the bank now says that they didn't request I get a co-signer and also that my fiance' is not listed on the mortgage anywhere! This means that he has rights to the house as being on the deed but has not responsibility to pay the mortgage! I love him, but I have been screwed in the past before when I got divorced and was removed from the deed and not the mortgage. Do I have any legal rights to get him removed from the deed since this is not what was supposed to happen? It doesn't seem fair that I worked so hard to get this financing for the home and he has rights to it. Since we are not married, god forbid we break up he doesn't have to leave if he doesn't want to. It's just not fair. What can I do to protect my assest! Thanks!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Fiancé's name was accidentally put on the deed

    Will he quitclaim the property back to you? That should resolve the problem.

  3. #3
    Join Date
    Sep 2006
    Posts
    28

    Default Re: Fiancé's name was accidentally put on the deed

    No he won't. We are still a couple, but going through some rough times. I know he would never leave because he really is a great father to our baby, nor do I want him to ever leave. But he has threatoned to move upstairs (duplex) to be away from my children from a previous marraige because of behavioral issues (nothing major, just them not following through on chores and brushing their teeth, little stuff like that). I could not emotionally handle him moving upstairs thinking he is going out as we wants to meet whomever. I know my mind is getting the best of me, but I really feel this is my house since I didn't need him to buy it and I would have never put him on the deed if I knew that from the beginning. The county said he is appearing on the mortgage but the mortgage company said he's not. I don't know where to start to fix it - either way.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Fiancé's name was accidentally put on the deed

    If he won't remove himself from the chain of title voluntarily, you would have to take him to court and try to get a court order removing him. That will probably require your use of a lawyer.

  5. #5
    Join Date
    Sep 2006
    Posts
    28

    Unhappy fiance on deed - update......

    I did speak to an attorney briefly, and he mentioned "Partion" court. Now if I can prove that I have made every mortgage payment and other associated bills regarding the house, would I have a good chance at winning in court? I have three children living with me and he is just himsel. Also, if we go to Partition court and the judge decides that we have to sell it, can we choose not to and just cohabitate at our own pace? Possibly selling it later or do we have to put it on the market when he orders it? We are in New York. Thanks!

  6. #6
    Join Date
    Sep 2006
    Posts
    28

    Unhappy Re: fiance on deed - update...... also

    My ex said the only reason he is not signing off is because he wants me to agree in writing that when I die I will leave 1/2 the house to our daughter and make my other three children split the other half, which isn't fair at all. Can I agree to that for now and would it be legally binding - can I change it later since it will be my house and I can do whatever I want with it? Or will that provision go away if I sell the house and buy a new one?

  7. #7
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Fiancé's name was accidentally put on the deed

    You really need to decide on one course of action and stick with it.

    Doing something one way then trying to change it later will just make matters worse.




    Q: Now if I can prove that I have made every mortgage payment and other associated bills regarding the house, would I have a good chance at winning in court?

    A: Yes.



    Q: Also, if we go to Partition court and the judge decides that we have to sell it, can we choose not to and just cohabitate at our own pace?

    A: I am unclear what you are asking here.



    Q: Possibly selling it later or do we have to put it on the market when he orders it?

    A: At the court-ordered sale, you or anyone else can buy it.

  8. #8
    Join Date
    Jul 2006
    Location
    Northern California
    Posts
    252

    Default Re: Fiancé's name was accidentally put on the deed

    Unless he voluntarily signs a Quit Claim in your favor, I don't see any other course of action other than a lawsuit for Partition. Go back to the attorney who advised you and start the ball rolling.

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