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  1. #11
    Join Date
    Jul 2018
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    Default Re: On Deed, but Told I Had to Move Out

    Quote Quoting Arenales
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    My partner has decided to end our relationship and has told me that I need to move out of our house.
    And what is your "partner's" (i.e., boyfriend's or girlfriend's) rationale as to why you "need to move"?


    Quote Quoting Arenales
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    My partner said they will keep paying the mortgage even without without my financial help and told me to find somewhere else to reside.
    Who are "they," and why would anyone other than you and your boy/girlfriend pay the mortgage?


    Quote Quoting Arenales
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    Do I have any rights to this home of 16 years?
    Of course you do. You own it the same as your boy/girlfriend.


    Quote Quoting Arenales
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    Can I just be told to move out and now have to find a new place to call home?
    Anyone "can be told" anything. I would hope it goes without saying that, just because someone tells you something doesn't make it true.


    All that said: Do you really want to continue living with your now ex-boy/girlfriend? There are two ways that this ends. First, you can negotiate for your boy/girlfriend to buy out your interest in the property. You're in an advantageous situation since you're not on the mortgage, so it would be far more logical for him/her to buy you out than for you to buy out him/her (although that's an option, but he/she should insist than you refinance the mortgage in your name). Second, one of you can sue the other for something called partition, which is essentially a court-ordered sale of the property. Such things are messy and expensive and rarely result in a sale for fair market value.

    Quote Quoting Arenales
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    When we got he house, we had my partner purchase the property and then I was added right away with a quitclaim deed.
    That's potentially a problem (although it obviously hasn't been for the past decade and a half). First, transferring title may very well constitute default under the mortgage. If that's the case, then the lender could foreclose at any time even if all payments have been made. Second, it smacks of mortgage fraud.

  2. #12
    Join Date
    Feb 2020
    Posts
    5

    Default Re: On Deed, but Told I Had to Move Out

    Quote Quoting pg1067
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    And what is your "partner's" (i.e., boyfriend's or girlfriend's) rationale as to why you "need to move"?
    My partner is claiming that people change and would like to move on and live a new life without me. My partner has referenced fears of infidelity, falling out of love with me, and wanting to be alone and live a new and separate life from me. I fear it is a midlife crisis.



    Who are "they," and why would anyone other than you and your boy/girlfriend pay the mortgage?
    I was referring to my partner when using the neutral pronoun they. My partner has always sent one check in for the mortgage each month and I have always written a check for one half of the mortgage to my partner.


    All that said: Do you really want to continue living with your now ex-boy/girlfriend? There are two ways that this ends. First, you can negotiate for your boy/girlfriend to buy out your interest in the property. You're in an advantageous situation since you're not on the Mortgage, so it would be far more logical for him/her to buy you out than for you to buy out him/her (although that's an option, but he/she should insist than you refinance the mortgage in your name). Second, one of you can sue the other for something called partition, which is essentially a court-ordered sale of the property. Such things are messy and expensive and rarely result in a sale for fair market value.
    After 20 years of being together, I am uncertain as to what I want. I really am hoping my partner comes back down to earth and snaps out of this phase or stage of life. At the very least I do not wish to rush anything. I do not know anywhere near the information I should know about finances and the property information and that is my fault. I did go and look and I am listed on the deed for the house filed with the County Auditor. It is a joint and survivorship type deed. I just want to know my rights and entitlements.

    I have put a lot into this house as well throughout the years; however, I am almost certain that there is little to no equity. I know cannot afford the house payment on my own but my partner just might be able to. If there is no equity, is there anything to be bought out of?

  3. #13
    Join Date
    Mar 2013
    Posts
    17,624

    Default Re: On Deed, but Told I Had to Move Out

    I just want to know my rights and entitlements.
    That's easy. You own the house just as much as your partner does. You have just as much right to live there as your partner does. You can be roommates for a while. There's no hurry.

    You're entitled to half the proceeds if the house gets sold. You are entitled to half the equity if it doesn't.

    I am almost certain that there is little to no equity.
    After 16 years there has to be substantial equity unless your partner has been borrowing against it.

    What was the purchase price?
    What was the amount of the loan?
    What was the interest rate?
    With those figures you can figure out what the approximate loan balance is.

    If you don't know them, you might be able to find the recorded documents that might give you a hint.

    If not, how about sneaking around your partner's papers while your partner isn't at home.

    Google your address and several real estate websites come up with approximate market values of your home as well as nearby sales of comparable homes in the area. Zillow and Redfin are two that come to mind.

    You take the current market value and you subtract the loan balance and that gives you the equity.

    If the house was bought around 2004 then the value probably took a dive during the real estate crisis of about 2006. But real estate had rebounded quite a bit since the recovery.

    I know cannot afford the house payment on my own but my partner just might be able to.
    Then it's probably best for you if you get cashed out by your partner and be on your way. Just don't leave for promises. No dough, no go.

  4. #14
    Join Date
    Jan 2011
    Posts
    327

    Default Re: On Deed, but Told I Had to Move Out

    Quote Quoting adjusterjack
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    After 16 years there has to be substantial equity unless your partner has been borrowing against it.
    Can one owner refinance or take out a HELOC/second mortgage/etc. without the signature of the other owner if the house is jointly owned though?

  5. #15
    Join Date
    Mar 2013
    Posts
    17,624

    Default Re: On Deed, but Told I Had to Move Out

    Quote Quoting bcr229
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    Can one owner refinance or take out a HELOC/second mortgage/etc. without the signature of the other owner if the house is jointly owned though?
    Could happen. Depends on the lender but, generally, a lender would probably require that both owners be obligated on the loan.

  6. #16
    Join Date
    Jul 2018
    Posts
    2,075

    Default Re: On Deed, but Told I Had to Move Out

    Quote Quoting Arenales
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    My partner is claiming that people change and would like to move on and live a new life without me. My partner has referenced fears of infidelity, falling out of love with me, and wanting to be alone and live a new and separate life from me. I fear it is a midlife crisis.
    That's a great reason for ending a relationship, but it doesn't answer the question about his/her rationale why you should move out (as opposed to him/her moving out or both of you moving and selling the place).


    Quote Quoting Arenales
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    I was referring to my partner when using the neutral pronoun they.
    While "they" is, indeed, neutral, it's plural, so it's confusing to use it to refer to a single person.


    Quote Quoting Arenales
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    After 20 years of being together, I am uncertain as to what I want. I really am hoping my partner comes back down to earth and snaps out of this phase or stage of life. At the very least I do not wish to rush anything. I do not know anywhere near the information I should know about finances and the property information and that is my fault. I did go and look and I am listed on the deed for the house filed with the County Auditor. It is a joint and survivorship type deed. I just want to know my rights and entitlements.
    Creating a list of "rights and entitlements" would serve no useful purpose, but I hope it's clear that you're not obligated to move out just because your boy/girlfriend wants you to do so.


    Quote Quoting Arenales
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    I have put a lot into this house as well throughout the years; however, I am almost certain that there is little to no equity. I know cannot afford the house payment on my own but my partner just might be able to. If there is no equity, is there anything to be bought out of?
    If, in fact, there's no equity (and I agree that would be quite surprising after a decade and a half), then the easiest and best thing for you to do (since you're not obligated on the mortgage) might be to deed your interest to your ex-boy/girlfriend and walk away clean from the situation.

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