Motion for me to take residency in a new home purchased with Ex

[mwarnerscott]

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


I just purchased a new home with my girlfriend (and mother to our 1 year old son) last Sept. 2012. Currently we live in her house that she solely owns. We have now split up and I have no place to live. Her name is on the Mortgage of our new home and my name is on the Deed and Title. At closing, I put $40K down on the house and over the past 4-5 months put another $60K remodeling the house and paid every mortgage payment to date. Is it possible for me to file a motion for immediate residency of our new home since I currently have no place to live?

 

[tranquility]

If you're on the title, it's your house. Why can't you live there? Is there a court order against it or anything?

 

[mwarnerscott]

No court order...she wants to rent her current home she owns and move into the new house. Basically, she wants both homes and wants me to live in the streets.

 

[Ohiogal]

No court order...she wants to rent her current home she owns and move into the new house. Basically, she wants both homes and wants me to live in the streets.

She can't stop you from living in YOUR house -- you can't stop her from living in her house. The fact that you two both own it means you will be looking at a partition lawsuit in your future since you two decided to play house. Family court will NOT deal with this issue. And if you DON"T both own it -- both of you on the deed -- how did you convince a bank to grant HER a mortgage for a home on which she has no ownership interest? And why aren't you on the mortgage?

 

[tranquility]

She can't stop you from living in YOUR house -- you can't stop her from living in her house. The fact that you two both own it means you will be looking at a partition lawsuit in your future since you two decided to play house. Family court will NOT deal with this issue. And if you DON"T both own it -- both of you on the deed -- how did you convince a bank to grant HER a mortgage for a home on which she has no ownership interest? And why aren't you on the mortgage?

I completely agree. At the same time, I consider the situation the most occurring FreeAdvice property FUBAR. (Mortgage holders different from title holders.) Here the OP seems to have lots more rights and is in a sweet position.

 

[ecmst12]

Buying a home with someone to whom you are not married is the worst idea ever.

 

[justalayman]

Buying a home with someone to whom you are not married is the worst idea ever.

unless you are the person on the deed but not on the mortgage loan. It's a position of power that no mortal should ever be allowed. It will corrupt all but the most pure of heart.

 

[ecmst12]

I'm not on the loan for our house, and I am on the deed. But we're married. So if we were ever to split up, family court would handle the division.

 

[tranquility]

I'm not on the loan for our house, and I am on the deed. But we're married. So if we were ever to split up, family court would handle the division.

Eventually. You certainly don't need to be in a rush if you ever decide to break up. STBX, on the other hand, has a clock ticking regarding credit destruction.

 

[ecmst12]

True. Fortunately we don't plan to split up and we trust each other. Hopefully when we're ready to refinance I'll be able to get on the loan. It would actually help my credit to be on it! I lost my job 3 weeks before we closed on the house and we didn't want that to interfere with anything.