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View Full Version : Can she be taken off the deed? She is not on the loan agreement. She owes back taxes.


carl plaster
Jan 26, 2014, 02:21 PM
My girl friend and I broke up. I was made to move. The loan is in my name. She lives there, pays the house payment but she is behind in taxes. They are going to take it for back taxes. Can I get it back before it goes up for sale for back taxes, and can she then can be taken off the deed? Or do I wait until it goes up for sale, and buy it for back taxes? Then can she be taken off the deed? She is not on the loan agreement.

smoothy
Jan 26, 2014, 02:53 PM
Her name on the deed makes her an equal owner... you can do it without her approval... and likely at this point, without paying those back taxes if there is a lien on the property.

You can force a partition sale as long as your name is on the deed as well...

Who's name on loan makes no differnce. And why its really not smart to put anyone on the deed that's not on the mortgage as well. They get all the benefits of partial ownership without any of the financial responsibilities.

If you wait until it goes up for auction you will have to bid against other potiential buyers... and if it's a sealed bid auction... you will not know how much it will take to win.

ScottGem
Jan 26, 2014, 04:11 PM
You say her name isn't on the loan, but you don't say who's name is on the deed. That's more important. If your name is not on the deed, then its her house. And you could wait until the county puts it up for sale for back taxes, but there is no guarantee you can get it.

However, if your name is on the deed, you may not be able to bid if it goes for auction. If you name is on the deed then you should pay the taxes and document that you have done so.

Another thing you don't say is why you were made to move. The how and why of that is important info. Also any question on law needs to include your general locale as laws vary by area.

So you need to provide more info for us to provide an accurate answer.

One last point. You can't get off the deed. She would have to voluntarily deed her share to you.