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  1. #1
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    Feb 2020
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    Default On Deed, but Told I Had to Move Out

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

    My partner and I have been together for 20 years. We were never officially married even after the Supreme Court ruling of 2014 that declared same-sex marriage to be legal in all states. In 2005, we did the closest thing we could do to be a married couple at that time. We went to an attorney and we had our power of attorney and living wills listing each other as having or receiving everything and making all decisions should something happen to one of us. When we bought our house 16 years ago, the deed was put in both of our names, but my name was not and has never been on the mortgage.

    My partner has decided to end our relationship and has told me that I need to move out of our house. My partner said they will keep paying the mortgage even without without my financial help and told me to find somewhere else to reside.

    Do I have any rights to this home of 16 years? Can I just be told to move out and now have to find a new place to call home?

    Thank you for reading this.

  2. #2
    Join Date
    Jan 2011
    Posts
    327

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

    The mortgage is irrelevant. If you are both on the deed then you and he own the house together, so you and he both have the right to live there. If he wants you off the deed, he can buy you out of your share of the equity.

    Now, that doesn't mean that you shouldn't make plans to move out, especially if you think your safety is at risk.

    Did you do a joint & survivorship deed? If so, should one of you die the other gets the house, it's not part of the probate estate.

  3. #3
    Join Date
    Feb 2020
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    5

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

    Yes, we did do a joint and survivorship deed. I do feel safe in my home. I just don’t feel I should have to move anywhere until I am ready and have more figured out on what it is I am going to do. I also feel I shouldn’t just have to walk away from my home

  4. #4
    Join Date
    Mar 2013
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    17,629

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

    Even if you decide not to live there anymore, you won't be walking away from it. You're on the deed, you own it. You'll always own it until the day you sign away that ownership. You're partner will need your signature to sell the house. That means you have to approve the sale and sign the buyer's purchase contract. That doesn't end it. There is still the escrow. During escrow you'll sign instructions to the escrow company as to how the proceeds are to be paid. The presumption is one check with both your names on it unless you instruct the escrow company otherwise. That gives you a great deal of control over the sale and will allow you to negotiate your percentage of the proceeds before the sale closes.

    After 16 years you probably have significant equity in the home, enough so that one of you can buy the other out by refinancing. As long as there is no risk of domestic violence there's no reason you shouldn't stay put while you negotiate a buyout. Decide which is more important to you, the house or the money. Then you can refuse to leave until it happens if that's what you want to do.

    The longer it takes to either sell or buy one of you out, the more the house will be worth and the more money you'll get.

    Bottom line it's your house. You don't have to leave.

  5. #5

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

    Quote Quoting Arenales
    View Post
    My question involves real estate located in the State of: Ohio

    My partner and I have been together for 20 years. We were never officially married even after the Supreme Court ruling of 2014 that declared same-sex marriage to be legal in all states. In 2005, we did the closest thing we could do to be a married couple at that time. We went to an attorney and we had our power of attorney and living wills listing each other as having or receiving everything and making all decisions should something happen to one of us. When we bought our house 16 years ago, the deed was put in both of our names, but my name was not and has never been on the mortgage.

    My partner has decided to end our relationship and has told me that I need to move out of our house. My partner said they will keep paying the mortgage even without without my financial help and told me to find somewhere else to reside.

    Do I have any rights to this home of 16 years? Can I just be told to move out and now have to find a new place to call home?

    Thank you for reading this.
    And I will thank you to read this, please.

    Someone needs to waive a red flag in your face! Why? Because your status as an owner of the property (the deed was put in both of our names) is made highly problematical by your following statement: my name was not and has never been on the mortgage! Something is terribly awry here. To explain:

    Assuming that the mortgage loan was used to purchase the property as opposed to an assumption of an existing mortgage THEN. . .

    The mortgagee bank or lender would NOT have loaned the purchase money UNLESS all the then to be deeded/record owners of the property were signatory to the mortgage note! The reason is that the lender would not be adequately secured in the event of default and the need to foreclose. And rest assured that commercial lenders do not make the mistake of issuing mortgage loans secured by only a partial ownership in the mortgaged property.

    Other elements of this story seem inconsistent with your assertion of joint ownership such as your estranged partner's sudden inexplicable possessive attitude and his announced willingness to fully assume the mortgage note. It would be judicious of you to consult with an attorney.

  6. #6
    Join Date
    Feb 2020
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    5

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

    My story is very consistent. My name is on the deed. When we got he house, we had my partner purchase the property and then I was added right away with a quitclaim deed.

    Why a red flag?

    What is awry?

    My name is on the deed just as my partner’s and it a joint and survivorship deed. I have never been on the mortgage yet have always contributed to it.

    As far as other elements to the story you feel are inconsistent, well, I am sorry but I am giving you facts. Thank you.

  7. #7
    Join Date
    Mar 2013
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    17,629

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

    Quote Quoting Arenales
    View Post
    My story is very consistent. My name is on the deed. When we got he house, we had my partner purchase the property and then I was added right away with a quitclaim deed.
    That makes sense. Explains why partner is the only one on the mortgage. But it was 16 years ago. Wouldn't hurt to be a little cautious. I suggest you get on to your county recorder of deeds website and look up the two deeds to the property: the first when partner bought the house and the second when the quitclaim deed was done. Even if you have a copy of the quitclaim deed, you need to make sure it was properly recorded.

    Would you mind telling why you weren't on the mortgage when the house was bought? Did you have a credit issue? Do you have a credit issue now? That will have a bearing on who buys who out.

  8. #8

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

    Then why this obvious anomaly in your original post?

    "When WE bought OUR house 16 years ago, THE DEED WAS PUT IN BOTH OF OUR NAMES."

    Did you suddenly remember the subsequent quitclaim deed transaction? Or is it more likely that you conveniently misrepresent the nature of the acquisition of the property to hide the fact that the mortgagee would not have loaned the purchase money with you on the title?

    Fini!

  9. #9
    Join Date
    Feb 2020
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    5

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

    I was not on the mortgage because I was quite young (22) and we were worried that it would not be approved. We were told that it would be easier for us this way. I did not have any credit issues. My credit was and is good with no major problems or any issues

    Quote Quoting latigo
    View Post
    Did you suddenly remember the subsequent quitclaim deed transaction? Or is it more likely that you conveniently misrepresent the nature of the acquisition of the property to hide the fact that the mortgagee would not have loaned the purchase money with you on the title?

    Fini!
    There is no misrepresentation. Thank you for your help and good day to you

  10. #10
    Join Date
    Mar 2013
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    17,629

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

    Quote Quoting latigo
    View Post
    Then why this obvious anomaly in your original post?

    "When WE bought OUR house 16 years ago, THE DEED WAS PUT IN BOTH OF OUR NAMES."

    Did you suddenly remember the subsequent quitclaim deed transaction? Or is it more likely that you conveniently misrepresent the nature of the acquisition of the property to hide the fact that the mortgagee would not have loaned the purchase money with you on the title?

    Fini!
    Knock it off Latigo. Not everybody is as erudite as you. Sometimes people need a little help getting all the facts out. Your nastiness doesn't do you credit.

    Quote Quoting Arenales
    View Post
    I was not on the mortgage because I was quite young (22) and we were worried that it would not be approved. We were told that it would be easier for us this way. I did not have any credit issues. My credit was and is good with no major problems or any issues
    This is common with mortgage brokers and lenders who have a stake in getting the loan written.

    At this point you might be on equal footing to qualify for a mortgage. You'll just have to decide if it makes financial sense to you to go for your house and get bought out and buy yourself something else.

    I would still look up the deed records.

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