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  1. #1
    Join Date
    Apr 2010
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    3

    Default Non-Married Couple Purchased Home, then Split

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

    Just some background: I purchased a home with my ex-girlfriend in October 2008. We split up in May of 2009. She moved out of the house and I have continued to pay the mortgage myself since then. After a couple meetings and multiple attempts to come to an agreement on releasing the title to me, we have come to a impasse. I haven't heard from her in 2 months.

    Is there anything, legally, I can do to persuade her to release title to me?

    There is also the issue of the amount returned in income tax based on interest payed in 2009. Originally I offered her 50% of that, but now, after I filed and got the return back, she doesn't seem to want to accept that amount. The full amount was deposited in my account and I have used part of my portion for bills and personal expenses, but her amount remains untouched.

    Should I send her a letter saying that the agreement will expire on a certain date unless I hear back from her? Does she even have rights to 50% or could I just tell her that she took too long and that money is mine now?

    Thanks for any advice you can give!

    - Ian

  2. #2
    Join Date
    Jan 2006
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    38,867

    Default Re: Non-Married Couple Purchased Home, then Split

    you have placed yourself in a quagmire.

    If the two of you cannot come to an agreement where one party would relinquish their interest, you are limited to filing a suit to partition. Doing so is generally lengthy and expensive and very often, neither party is happy with the results due to the fact the result is the judge ordering the home sold and the parties splitting the proceeds per any prior arrangement or per their proven interest in the property.

    as to the refund amount: I do not know what, if any, agreement the two of you made and have no way of determining whether she is due anything at all. If you had an agreement she would get a certain share or she can support a claim she deserves a certain share, you cannot simply unilaterally enforce a take it or leave it demand. She would have a legal action available to attempt to recoup whatever she is due as long as the germane statute of limitations allows.

    One other big problem: if both of you are on the mortgage loan, she would be foolish to relinquish her interest until such time you do whatever it takes to have her released from the mortgage loan.

  3. #3
    Join Date
    Apr 2010
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    3

    Default Re: Non-Married Couple Purchased Home, then Split

    Thank you for your advice. I definitely feel the affects of being in a quagmire. Since I've continued to pay the mortgage for the last year, couldn't I continue to do so until I am able to refinance and drop her from the mortgage? Would there be any reason why I would need to get an agreement or partition done, other than just being free and clear from this mess?

    We made a verbal agreement as to the 50% interest amount, but nothing notarized. I'm not sure she can prove that she deserves anything because she hasn't contributed anything towards the mortgage for a year. That amount would be far more than the amount returned by the IRS.

    Seems that my best option would be to just keep trying to get her to agree to release the title, since refinancing will not be an option for a few years.

  4. #4
    Join Date
    Jan 2006
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    Default Re: Non-Married Couple Purchased Home, then Split

    Since I've continued to pay the mortgage for the last year, couldn't I continue to do so until I am able to refinance and drop her from the mortgage?
    that would not remove her from the title though and actually, until such time she is removed from the title, any mortgage lender is going to require she be a party to the mortgage, at least to the point of acknowledging the mortgage holder as having senior rights of interest over her.

    Would there be any reason why I would need to get an agreement or partition done, other than just being free and clear from this mess?
    as it stands, as a shared owner, she has as much right to possess the house as you. She can move in an there is not really much you can do about it.

    there are a lot of reasons you do not want to share title interest with another person you do not get along with.

    We made a verbal agreement as to the 50% interest amount, but nothing notarized. I'm not sure she can prove that she deserves anything because she hasn't contributed anything towards the mortgage for a year. That amount would be far more than the amount returned by the IRS
    .are you willing to lie in court about your agreement if it came to that?

    Seems that my best option would be to just keep trying to get her to agree to release the title, since refinancing will not be an option for a few years.
    as I said, not only should she not release her interest until she is removed from the mortgage, Releasing her interest might activated a due on sale clause in your mortgage loan which will cause it to be due in full upon notice. You really need to check your mortgage loan paperwork to determine that but a due on sale clause it nearly universally included in mortgage loans today.

  5. #5
    Join Date
    Apr 2010
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    3

    Default Re: Non-Married Couple Purchased Home, then Split

    Releasing her interest might activated a due on sale clause in your mortgage loan which will cause it to be due in full upon notice. You really need to check your mortgage loan paperwork to determine that but a due on sale clause it nearly universally included in mortgage loans today
    We had a meeting a couple months ago with our relator and loan consultant, they informed us that there wouldn't be any issues if she wanted to quitclaim or (can't remember what the other option was). It would be a simple process if she is willing. We all discussed that by not releasing herself from the title, she wouldn't be able to apply for another home loan. The loan officer explained that if someone came in with her situation all they would have to do is prove that they are not making payments on the mortgage any longer and they have released title. At that point they would feel comfortable with qualifying that person for another mortgage.

  6. #6
    Join Date
    Jan 2006
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    38,867

    Default Re: Non-Married Couple Purchased Home, then Split

    Oh so wrong.

    . We all discussed that by not releasing herself from the title, she wouldn't be able to apply for another home loan.
    her title interest has nothing to do with he ability to obtain another mortgage. It is her name on the mortgage loan that is of concern. They are two entirely different things.

    The loan officer explained that if someone came in with her situation all they would have to do is prove that they are not making payments on the mortgage any longer and they have released title.
    this is as about as untrue as one can be. As long as her name is on the mortgage loan, that mortgage loan will be considered when she applies for other credit.


    and I suggest you read your loan agreement concerning a due on sale clause. Do not take somebody else's word for it because if it is there, it doesn't make any difference what some guy told you. If you activate that clause by releasing her from the title, you are stuck with the results.

    At that point they would feel comfortable with qualifying that person for another mortgage.
    this is simply a load of hooey. Especially considering the financial crisis the country is currently experiencing, this is just not how things work.

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