Check out some similar questions!

reeta386 · Aug 4, 2011, 03:10 AM

My best friend moved into a house with her boyfriend. They have since broke up and he doesn't want to move out of the house. He put absolutely no money into the house at all. Her grandparents put down the downpayment and she has paid the mortgage every month. He hasn't put a penny into buying the property at all but now insists that the house is half his since he is on the mortgage papers. Is there anything she can do to get him to leave? If they go to court and she can prove that he put no financial support into the house and could that make a difference in her being able to make him leave?

ScottGem · Aug 4, 2011, 03:15 AM

It doesn't matter whether he is on the mortgage papers or not. What matters is whether he's on the deed. If he is on the deed, then he is a part owner and the likelihood is she will have to buy him out. I doubt if the fact that he hasn't put any money into the property will affect anything.

On the other hand, if he is not on the deed. Then he is a resident and she is the owner. So she gives him a 30 day written notice to vacate or face an eviction proceeding.

ScottGem · Aug 4, 2011, 03:26 AM

Originally Posted by intHe_daRK

Yes cause if you have a written document showing that your best friends family paid for it in full then he will be either kicked out and he doesn't leave then she can sue and or get a restraining order against him HOPE THIS HELPED

This question was asked in a law forum. Response here need to conform to statutory law. Your response here is legally incorrect. Please be more careful when responding with incorrect info.

reeta386 · Aug 4, 2011, 03:42 AM

The house is not paid off yet. They just moved in a year and a half ago. He is on all the loan documents and al other documentation pertaining to the house, so I'm assuming he would be on the deed as well once it is paid off.

joypulv · Aug 4, 2011, 05:07 AM

What kind of deed? In most cases all owners go on the deed right from the start. It was a huge mistake to buy a house with a boyfriend with her grandparents paying the down payment. If he is on deed, he's a part owner, and it's half unless the deed says otherwise. She has to live with this or buy him out.

ScottGem · Aug 4, 2011, 06:55 AM

First, when posting a follow-up question or info, please scroll down and use the Answer box, not Comments.

Like I said, the important factor is the deed and how it is written. Your friend needs to get a copy of the deed and see what it says before she does anything more. Once armed with that information she can proceed. If he is on the deed, then I would strongly suggest she consult an attorney. By allowing him on the deed, she, essentially and legally, gifted him a share of the property. She will need a lawyer to advise if she has any chance of getting his ownership canceled. And, as long as he is a part owner he has every right to stay in the house.

Frankly, she really messed up here. Did she bother consulting anyone, the grandparents, legal advisors, anyone before making this really bad move. I can understand she thought she was in love and didn't think they would break up, but now she is paying for being so starry eyed.

ballengerb1 · Aug 4, 2011, 09:34 AM

I agree with Scott but can't rate him just yet. It all boils down to the deed, you may be assuming his name is on too many documents. It would be far more beneficial for your friend to be doing these posts rather than you. If you get great advice from us who is to say your friend would follow second hand advice from the net.