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Cottons21 · Jul 11, 2012, 11:11 AM

A friend of mine bought a house with her boyfriend. The mortgage is in her name only, but he had her put his name on the deed. Things are not working out for them. He is refusing to move out of the house because his name is on the deed and refuses to sign a quit claim deed. What can she do to get him out of the house and get his name off the deed?

JudyKayTee · Jul 11, 2012, 11:32 AM

He is a part owner of her house - she can pay him off.

Did she notify the mortgage company when she added his name? She was supposed to.

ScottGem · Jul 11, 2012, 12:00 PM

This is why people should be very careful about adding others to a deed. Essentially your friend gave the boyfriend a gift of a half interest in the house. As a part owner he can stay in the house and there is little she can do about it. She can sue him for half of the mortgage and taxes, but that's an iffy proposition. She can buy him out. Or she can move and just give it back to the bank (if they will take it) and walk away (ruining her credit in the process).

Fr_Chuck · Jul 11, 2012, 12:24 PM

Agree, he now owns 1/2 the house and is equal in I with her, whose name is on the loan makes no difference.

Buying out his interest is about all she can really do.

AK lawyer · Jul 11, 2012, 12:44 PM

One would hope that this will teach her not to play house with someone to whom she is not marred. But I doubt it.

ScottGem · Jul 11, 2012, 03:07 PM

Correct, if she was married, then the house would be divided as part of a divorce settlement. And the husband might be ordered out by the court.

Cottons21 · Jul 12, 2012, 06:52 AM

No he is not a part owner and at the time the home was purchased his name was put on the deed. The mortgage company is aware that he is on the deed.

AK lawyer · Jul 12, 2012, 07:05 AM

Originally Posted by Cottons21

No he is not a part owner and at the time the home was purchased his name was put on the deed. ...

Yes, he is part owner. Please understand what we have told you. If she put him on the deed, she gave him part ownership. That's what a deed does.

Cottons21 · Jul 12, 2012, 07:09 AM

Originally Posted by ScottGem

This is why people should be very careful about adding others to a deed. Essentially your friend gave the boyfriend a gift of a half interest in the house. As a part owner he can stay in the house and there is little she can do about it. She can sue him for half of the mortgage and taxes, but that's an iffy proposition. She can buy him out. Or she can move and just give it back to the bank (if they will take it) and walk away (ruining her credit in the process).

This information has helped and thank you! They were married at one time and went through a divorce. They stayed together after the divorce and then purchased this home. She thought they would re-marry but looks like he tricked her into half of the house. She didn't let us friends know until recently when things got so bad or we would have told her not to put him on the deed. I have also suggested to her to walk away and give it back to the bank. Her credit is already bad cause he refuses to help pay bills and is behind on payments. He is living there for free, refusing to leave the house or sign the deed over.

Fr_Chuck · Jul 12, 2012, 07:14 AM

Agree, he owns just as much of the house as you do, if you added him to the deed. That is how it works. He did not have to pay a penny, you made a gift and gave it to him by adding him to the deed.

AK lawyer · Jul 12, 2012, 07:47 AM

Originally Posted by Cottons21

... She thought they would re-marry but looks like he tricked her into half of the house. ...

She should, of course, consult with an attorney in her jurisction about possilby suing him to set aside the deed on various grounds, such as mutual mistake, verbal antenuptual agreement, etc. It would be a longshot, I think, but she might want to look into it.

ScottGem · Jul 12, 2012, 07:49 AM

If her credit is already shot, then walking away may be the answer. The problem is that the lender can only foreclose on HER half of the property. But if the lender wants to protect their interest, they will take action against him.

Because they were not married when the property was purchased, the fact that they were married will not matter. However, if he has caused her credit to be ruined then she should try suing him and maybe she can recover his share of the house that way.

Cottons21 · Jul 12, 2012, 08:11 AM

Originally Posted by ScottGem

If her credit is already shot, then walking away may be the answer. The problem is that the lender can only foreclose on HER half of the property. But if the lender wants to protect their interest, they will take action against him.

Because they were not married when the property was purchased, the fact that they were married will not matter. However, if he has caused her credit to be ruined then she should try suing him and maybe she can recover his share of the house that way.

She really doesn't have the money to take him to court and think he would probably file bankrupt just to keep from paying her. She has offered to move out and have him buy her out, but he refuses to do that. Now I think maybe she needs to try to sell the house even if she doesn't make a profit off it to get out from it. The problem will be with the bad housing market how long it will take for her to sell it. She will not be able to purchase another house for awhile with her credit so she will just have to rent and build her credit back. With her paying off her mortgage with the sell of the home look good even though she has been behind on payments?

ScottGem · Jul 12, 2012, 08:38 AM

Umm she can't sell it without his signature. And he will get half the proceeds of the sale.

Cottons21 · Jul 12, 2012, 09:00 AM

Originally Posted by ScottGem

Umm she can't sell it without his signature. And he will get half the proceeds of the sale.

He has told her if she sold it and gave him the proceeds that he would sign over the deed. Whether he will keep is word is another thing.

AK lawyer · Jul 12, 2012, 09:39 AM

Originally Posted by ScottGem

... The problem is that the lender can only foreclose on HER half of the property. ....

Huh?

Not true. If the mortgage note is delinquent, the lender can foreclose on the property; all the property. It can only, however, seek a deficiency from her.

ScottGem · Jul 12, 2012, 09:51 AM

Originally Posted by AK lawyer

Huh?

Not true. If the mortgage note is delinquent, the lender can foreclose on the property; all the property. It can only, however, seek a deficiency from her.

Oh? I stand corrected. Should have realized that the promissiory note is against the property, not the signator's share of the property.

So what does a co-owner do? Lets assume a co-owner who actually purchased a share of the property. How do they protect that investment?

ScottGem · Jul 12, 2012, 09:53 AM

Originally Posted by Cottons21

He has told her if she sold it and gave him the proceeds that he would sign over the deed. Whether he will keep is word is another thing.

ALL the proceeds or just half? I would do this, then, as soon as he signed the deed, file suit against him and stop the check.

Fr_Chuck · Jul 12, 2012, 10:27 AM

He is not entitled to more than 1/2 of the proceeds, he is 1/2 owner. But has she checked values, unless she has owned the house for a long time or made a large down payment, house values are down, way down.

Cottons21 · Jul 12, 2012, 11:52 AM

Originally Posted by ScottGem

Oh? I stand corrected. Should have realized that the promissiory note is against the property, not the signator's share of the property.

So what does a co-owner do? Lets assume a co-owner who actually purchased a share of the property. How do they protect that investment?

So if she were to file chapter 7 bankruptcy, how would he play into it with being on the deed?