Profile picture for elliebarboza

Boyfriend on Deed, not on mortgage, he moved out 2 yr ago and has paid 0 since & wants half equity

Purchased home in 2006 solely in my name on both mortgage and deed with a 60,000 deposit.  A couple of years later put my ex boyfriends name on "deed only" via Quick Claim Deed and is held as "Tenants in Common". (Note: the lawyer that mailed this Deed to us to be completed mail us two Deeds, one as  "Joint Tenants" which is not signed and the other "Tenants and Common" which was filed…shortly after this lawyer had his license removed for real estate fraud).

Modification of loan completed in 2011 with a "signed letter of contribution" from ex-boyfriend stating he contributes 1,000 a month for household bills. Since May 2012, almost two years now, ex boyfriend has moved out and "has not" contributed any monies at all and refuses to remove name from deed and is expecting half of equity from sale is one occurs. What are my rights?

  • March 23 2014 - East Providence
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Answers (5)

I can only speak about personal examples of when this occurs (every case is different and you definitely  need an attorney).

His name is on that deed and not on the mortgage and its going to be a very very steep uphill climb for you (why did you wait 2 years after he left to deal with this?), did he maintain, fix up, add value, assist you in ability to keep the house, help pay utilities or bills or food.

Im sure it happens someplace, somewhere in some distant fantasy land... but I have yet to see a judge simply remove someone from a deed with zero interest flowing to them (unless they are dead, Ive never seen it happen!)

If it were me, I would take a serious look at the equity, talk to an attorney and try to find out the possible costs of such a battle (and it will be a battle). then talk to the X and try to learn the minimum it would take to make him "walk". Then you have to make your own best determinations at that point as to which route you wish to take... none of the options are going to be pleasing to you! Your simply looking for the options that cost you the least with the least hassle and time.

Best Wishes!
  • March 24 2014
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Profile picture for Dan Tabit
Ellie,
Just to chime in with more of the same advice, get an attorney.  In fact, if possible go back in time and undo this arrangement.  He put nothing into the deal to begin with and nothing since, but he is claiming half the equity.  It may take a judge to undo this situation. Start tomorrow, time is not on your side.
  • March 23 2014
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No one on this site unless they are an Attorney will give you advice other than it's time to pony up for an Attorney. This is exactly why I tell all my clients NEVER EVER put someone Title if they are not on the loan. You have all the liability and only the half the rights. You'll need to speak to the Attorney and they'll inform you regarding the law of consideration. I wish you the best of luck, because it's going to cost you.

  • March 23 2014
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I agree with Tim.

Your attorney's license problems probably have no impact on your case. You have transferred title to the two of you by deed, and it is a matter of public record.

Your new attorney will be able to advise you of your rights and recourse against your partner in real estate.

All the best,
  • March 23 2014
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Profile picture for Outer Banks N C
Your boyfriend got lucky and is a part owner since he is on the deed, but he does not to make payments and his credit can't be touched even if the property goes to foreclosure, only yours will. You need to quit claim him off the deed. Time to see a lawyer.
  • March 23 2014
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