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On mortgage not deed and rights

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CQ06

Junior Member
What is the name of your state (only U.S. law)? New Hampshire

I purchased a home two years ago with my fiancé , At the time of the purchase, I had the better credit, but not the financial standing. The deed was later put in my name only, as proof of his so called devotion, though his name is still on the mortgage. There was a written (via lawyer) agreement drawn up that states that should I decide to sell in the future he would be entitled to 50% of any profit. Well, things fell apart and he moved out recently. He was been back to take things, TV etc, while I was at work; mainly as a display of power as he has no need for yet another TV, and he has many other items still here including his medications!. I had the locks changed yesterday because I couldn’t be sure what else he might do, or who he might bring back with him to go through my home.

Then someone said changing the locks would serve no real purpose because if he wanted to he could break into “his own home” and I would have no recourse. Can this be true?

I guess what I need to know is what sort of legal rights (and responsibilities) does he have regarding this property. Can I get a restraining order if there is no record of violence? Though I don’t really want to take this route as it would really infuriate him and he has a very vindictive streak and will go to any lengths for revenge, mostly through legal channels - he is in his 60’s and well educated, so I don’t want to have to match wits with him and don’t have the funds to do so.
 


Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? New Hampshire

I purchased a home two years ago with my fiancé , At the time of the purchase, I had the better credit, but not the financial standing. The deed was later put in my name only, as proof of his so called devotion, though his name is still on the mortgage. There was a written (via lawyer) agreement drawn up that states that should I decide to sell in the future he would be entitled to 50% of any profit. Well, things fell apart and he moved out recently. He was been back to take things, TV etc, while I was at work; mainly as a display of power as he has no need for yet another TV, and he has many other items still here including his medications!. I had the locks changed yesterday because I couldn’t be sure what else he might do, or who he might bring back with him to go through my home.

Then someone said changing the locks would serve no real purpose because if he wanted to he could break into “his own home” and I would have no recourse. Can this be true?

I guess what I need to know is what sort of legal rights (and responsibilities) does he have regarding this property. Can I get a restraining order if there is no record of violence? Though I don’t really want to take this route as it would really infuriate him and he has a very vindictive streak and will go to any lengths for revenge, mostly through legal channels - he is in his 60’s and well educated, so I don’t want to have to match wits with him and don’t have the funds to do so.
Evict him and then be prepared that he file to force you to refinance the mortgage in YOUR name alone. How did the bank allow him NOT to be on the deed when he is on the mortgage?
 

CQ06

Junior Member
At the risk of sounding dense, I am not sure how this all evolved. He had a lawyer draw up some papers, I signed after reviewing them, but I am rather clueless on the rest of the process, so perhaps the bank wasn't notified? Guess I won't look into refinancing with them at this point because my income doesn't qualify to maintain the loan although I am the only one who has been making mortgage payments with the little I do earn these days; but it is going to get tight. This is probably just the tip of the iceberg with what is to follow with this guy. I am afraid it might be a case of "Keep your friends close, but your enemies closer."
 

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