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Boyfriend's soon-to-be ex wants me out of the house.

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Margie B

Junior Member
What is the name of your state (only U.S. law)? Ma
I moved in with my boyfriend a couple of months ago. He is still legally married but his wife left him over 2 years ago. They have not gotten a divorce because they wanted to sell the house first. They bought at the top of the market and he needs to do some work on it so they can at least get enough to pay off the mortgage. She is very upset that I am living here. She says that if I don't move out by Nov 1st, 2009, she will take legal action. Can she really do that? After all...she left him. She still pays half of the expenses. Can she give up her right to her half and then he can keep paying the mortgage?
 


Banned_Princess

Senior Member
What is the name of your state (only U.S. law)? Ma
I moved in with my boyfriend a couple of months ago. He is still legally married but his wife left him over 2 years ago. They have not gotten a divorce because they wanted to sell the house first. They bought at the top of the market and he needs to do some work on it so they can at least get enough to pay off the mortgage. She is very upset that I am living here. She says that if I don't move out by Nov 1st, 2009, she will take legal action. Can she really do that? After all...she left him. She still pays half of the expenses. Can she give up her right to her half and then he can keep paying the mortgage?
How can you say all the bolded things, then say she gave up her half? how did she give up her half? doesn't sound like she did at all.

Yes she can take legal action to evict you, so gets to moving out, and don't move back with him until he is fully divorced and yous get a house for your self.
 

Rushia

Senior Member
How can you say all the bolded things, then say she gave up her half? how did she give up her half? doesn't sound like she did at all.

Yes she can take legal action to evict you, so gets to moving out, and don't move back with him until he is fully divorced and yous get a house for your self.
I read that differently. I read that as: Is there a way she can sign over her half so that my BF can take over the mortgage?
 

Banned_Princess

Senior Member
I read that differently. I read that as: Is there a way she can sign over her half so that my BF can take over the mortgage?
Oh I see it now....

Yea, he can buy her out.

I doubt she has been paying half the expenses for 2 years, to just sign over the house like it is no big deal. so her husband, who wouldn't let her out of her obligation of the house before, can shack up in her house with a new lil chickee. They aren't even divorced yet and they might have only just cleared the separation requirement for a divorce.

Poster needs to move out of this womans house. I'm sure her being there with him will harm him in the divorce proceedings anyway.
 

mistoffolees

Senior Member
How can you say all the bolded things, then say she gave up her half? how did she give up her half? doesn't sound like she did at all.

Yes she can take legal action to evict you, so gets to moving out, and don't move back with him until he is fully divorced and yous get a house for your self.
How can she evict her? The husband has equal ownership and is legally allowed to have guests over.

Granted, he's guilty of adultery, but that's not a crime in most states.
 

mistoffolees

Senior Member
I read that differently. I read that as: Is there a way she can sign over her half so that my BF can take over the mortgage?
Assuming that is the question, the answer is 'yes and no'.

STBX can sign over her rights if she wishes, but that will not free her of her obligations to the mortgage company. Unless the BF/Husband has the money to bring enough cash to the closing table to enable a refinancing, no bank will let him refinance in his name while it's underwater.

In a very few cases, banks might let STBX off the hook, but it's not likely.
 

Rushia

Senior Member
Oh I see it now....

Yea, he can buy her out.

I doubt she has been paying half the expenses for 2 years, to just sign over the house like it is no big deal. so her husband, who wouldn't let her out of her obligation of the house before, can shack up in her house with a new lil chickee. They aren't even divorced yet and they might have only just cleared the separation requirement for a divorce.

Poster needs to move out of this womans house. I'm sure her being there with him will harm him in the divorce proceedings anyway.
My point was is that you tend to jump on posters immediately. I don't know who you're trying to impress, but you need to stop.

Assuming that is the question, the answer is 'yes and no'.

STBX can sign over her rights if she wishes, but that will not free her of her obligations to the mortgage company. Unless the BF/Husband has the money to bring enough cash to the closing table to enable a refinancing, no bank will let him refinance in his name while it's underwater.

In a very few cases, banks might let STBX off the hook, but it's not likely.
I wasn't sure of the answer, so I didn't even try. I just wanted BP to understand that the OP's question could be read differently. I read it that way instead of the way BP assumed.
 

Banned_Princess

Senior Member
Hmm, so The question is, can an equal owner of a house demand a guest leave?

I think she can.

She can bring the issue to a family divorce court, and the judge could order no cohabitation until the divorce is final.

But would a renter count as cohabitation? Probably she could get the judge to order any renters would have to be mutually approved of.

Anything is possible.

very good question though, when you get down to it.


But yea, for her to get off the mortgage, he would have to buy her out of it. (refinance and cash her out.) If he couldn't do that from the beginning I'm sure he is just counting the days till he can.

I doubt she would just sign it away now, even if she could, if she couldnt do it years ago.
 

acmb05

Senior Member
Hmm, so The question is, can an equal owner of a house demand a guest leave?

I think she can.
And you would be wrong. She could possibly try to evict the person but to just tell them to leave is not really an option. The husband has an equal share of the home and as such has every right to allow whomever he wants to stay there. Just as the wife could move back in and there is nothing the husband could do about it.

She can bring the issue to a family divorce court, and the judge could order no cohabitation until the divorce is final.
Not likely unless kids are involved and living in the house.

But would a renter count as cohabitation? Probably she could get the judge to order any renters would have to be mutually approved of.
Since she is not a renter this does not apply.

Anything is possible.
True but not likely

very good question though, when you get down to it.
It could be if the situation were a little different.
I really don't think any judge is going to say much in this day and age since she apparently moved out over 2 years ago.
 

mistoffolees

Senior Member
Hmm, so The question is, can an equal owner of a house demand a guest leave?

I think she can.
Please stop giving advice when you don't know what you're talking about. He is an equal owner of the house and can invite guests over.

That may not be a good idea, but it's perfectly legal and she can't simply demand that the woman leave. Nor can she evict the woman. (if, of course, there is an issue of violence, she could get a restraining order, but there's no sign of that. Furthermore, since the wife left the house 2 years ago, it's hard to believe she's going to get a restraining order keeping the gf from the house - even if there were violence.

She can bring the issue to a family divorce court, and the judge could order no cohabitation until the divorce is final.
That's a very different matter. In principle, that could happen. It is extremely unlikely for 2 reasons:

1. The wife left the house voluntarily 2 years ago.

2. There's no mention of kids. The only time I've ever seen 'no cohabitation' rules is when kids are involved, and even then, the rule generally only applies when the kids are in the house. When the kids aren't there, the courts figure (rightfully) that it's none of their business.

Bottom line is that there's little the stbx can do about it.

I'm not condoning it, nor suggesting that it's a good idea to be living with someone while you're married to someone else, but it's not illegal and the gf will not be evicted.
 

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