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Old 01-12-2005, 04:40 PM
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Join Date: Jan 2005
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can I be evicted from a house in which my name is on the deed?


What is the name of your state? I live in Ohio. I was divorced in 1997 in Kansas. My ex-husband and I reconciled, but did not remarry. We moved to Ohio for his employment. We purchased a house. Both names are on a survivorship deed. His name is on the mortgage and home equity loan. In 2004, he took a job in MD and we ended our relationship. I am to sell the house, but have medical issues I am trying to resolve. He has paid the mortgage, but now says he he will stop paying. I know I am not liable for the mortgage. But, can he legally evict me from the house since I am not paying the mortgage? I am living here and am paying the utilities and any upkeep needed. I do plan to put the house on the market, but need to address my medical issues first. Thank you.
  #2  
Old 01-12-2005, 04:48 PM
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Join Date: Jul 2004
Posts: 17,799
If he stops paying the mortgage, you don't sell the house and the house forcloses, you will get evited, so you need to have some sort of a contract with him about how long you can stay or how much you will pay towards the mortgage to stay or buy him out.
  #3  
Old 01-12-2005, 04:50 PM
seniorjudge
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Possession and ownership are two different things.

If I own a house and am renting it to you, I cannot show up on the door step and move in because you possess it (even though I own it).

It sounds to me from your post that you possess this house. You also own half of it.

If no one pays the mortgage, then both of you will get kicked out and you will lose the land.

"...But, can he legally evict me from the house since I am not paying the mortgage?..."

No.
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