Broken Engagement; Property Rights?

[zegoldfish]

What is the name of your state (only U.S. law)? Kentucky

My ex-fiance and I had been living together for appx. 4 years and we were engaged for one year. I discovered that she was unfaithful and ended the relationship.

We bought a house a few months ago and the deed is in both our names but the mortgage loan is in my name. I make the payments.

We also bought a car. The title and loan are in both of our names. Again, I make these payments.

We share a checking account and she does deposit her checks into this account when she is working. She is a full-time student and is working part-time. I have, in the past, totally supported her when she was attending school and did not have a job.

When we bought the house her father gifted me appx. $6,000 as a down payment. I have a copy of the gift letter. Her name is on this gift letter but I am fairly certain that her father gifted the money only to me. Her name is on the letter to identify the nature of our relationship and why he gifted me the money.

She is not willing to give up the house and I obviously want her out. I want her off the deed and want to take full ownership of the house. Does an engagement constitute a contract that would entitle me to the house in a "palimony" case?

Regarding the car we bought together. I don't want it. I don't need an extra car. Can I legally force her to take possession of the vehicle and refinance the loan in her name? I would be willing to take the car and sell it but I would lose money trying to resell it.

What are my options in this situation? Do I have any ground to stand on here?

[Ohiogal]

Originally Posted by zegoldfish

What is the name of your state (only U.S. law)? Kentucky

My ex-fiance and I had been living together for appx. 4 years and we were engaged for one year. I discovered that she was unfaithful and ended the relationship.

We bought a house a few months ago and the deed is in both our names but the mortgage loan is in my name. I make the payments.

We also bought a car. The title and loan are in both of our names. Again, I make these payments.

We share a checking account and she does deposit her checks into this account when she is working. She is a full-time student and is working part-time. I have, in the past, totally supported her when she was attending school and did not have a job.

When we bought the house her father gifted me appx. $6,000 as a down payment. I have a copy of the gift letter. Her name is on this gift letter but I am fairly certain that her father gifted the money only to me. Her name is on the letter to identify the nature of our relationship and why he gifted me the money.

She is not willing to give up the house and I obviously want her out. I want her off the deed and want to take full ownership of the house. Does an engagement constitute a contract that would entitle me to the house in a "palimony" case?

Regarding the car we bought together. I don't want it. I don't need an extra car. Can I legally force her to take possession of the vehicle and refinance the loan in her name? I would be willing to take the car and sell it but I would lose money trying to resell it.

What are my options in this situation? Do I have any ground to stand on here?

Nope. You don't have a palimony case.
She is half owner of the home. If you want her out BUY her out. Pay for her half of the home. If she doesn't want to sell then file a partition lawsuit. Expect it to cost a lot of money.

You cannot force her to do anything. Is she on the title to the car? Or are you? Are you on the loan or is she? If she is on the memorandum of title then she is the owner. If you are on the loan then you are legally responsible for the payments of the car.

[zegoldfish]

Originally Posted by Ohiogal

You cannot force her to do anything. Is she on the title to the car? Or are you? Are you on the loan or is she? If she is on the memorandum of title then she is the owner. If you are on the loan then you are legally responsible for the payments of the car.

Both our names are on the title and the loan for the car.

[Ohiogal]

Originally Posted by zegoldfish

Both our names are on the title and the loan for the car.

Then you are both owners of the car and can both be held responsible for the payments on the car. Neither can force the other off the car nor force the other to take the car. You can always stop paying on the car and risk ruining your credit in hopes of forcing her to pay to save her credit but I wouldn't count on it.