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Ex Girlfriend On Title AND Living In House Won't Leave

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SurfWench

Junior Member
What is the name of your state? Florida

Reader's Digest version: Man meets woman last November, falls in love, they agree to marry in future, woman insists they live in her town 400 miles away, so prior to getting married he sells his home and purchases a new home in girlfriend's town and puts her name on the deed with his. She contributes not one dime to downpayment or closing costs. She has never contributed anything towards mortgage payments, etc. She moves into new home. My friend moves all his personal property into new home, but only visits on weekends waiting for transfer from job. Within 30 days of purchase of new home she declares the relationship over, changes the locks on the door, and won't allow him access to his personal property, (house full of furniture). Six months later he is still sleeping on his brothers couch and paying on a mortgage to a home he cannot access. All the money he has in the world is tied up in this house. What are his options? Why can't he at least get his stuff? How can she occupy this property with impunity? Since his name is on the deed can she deny him use of the home?
 


rmet4nzkx

Senior Member
There is more to this story than you are telling us or he is telling you, if in fact he is really your "friend" and you are not he.

If she is on the deed she has a right to be there until there is legal action that determines otherwise. Same for your friend getting his belongings. There is some reason your friend has not asserted his rights through normal legal means, so she is not acting with impunity, he has some reason for allowing her to remain without taking action. He has something to hide.
 

SurfWench

Junior Member
No Indeed It Is This Strange

First of all I am not he. The he is a sweet man, but too passive for his own good. I kid you not, a few weeks ago he showed up at the house with a moving van to collect his personal property. When she refused him access, he caled the Sheriff for assistance. He produced all his documentation, including pictures of his stuff in his former home. The sheriff was unable to do anything since his legal residence had not been established at that address, so they had to treat her as a tenant. He went away without his belongings. This man is very gentle and maybe gullible. He is incapable of going after something like this hammer and tongs like you or I certainly would. I'm just doing some research and trying to help him out.
 

rmet4nzkx

Senior Member
What you are saying is that although he is paying the mortgage/taxes/ins she has established residence by paying utility bills etc. one does not have to have a rental agreement or lease to be considered a tenant and have tenant rights, so that is why the sheriff would not give him access so he will have to give proper notice or some other court order, to enter the home and retrieve his belongings. Then the sheriff will assist him. It still sounds like there is more to this picture thn you are telling us, it is more than him being a sweet man.
 

HomeGuru

Senior Member
He is entitled to kick the down down and get his stuff.
He needs a sour attorney to help his sweet man demeanor.
 

SurfWench

Junior Member
Reader's Digest Answer......it is ALWAYS a bad idea to allow someone not married to you on the title. PERIOD. If it goes south you are well and truly F_____! I know people hate attorney's but as the saying goes "an ounce of prevention is worth a pound of cure" My friend is going to end up paying more than if he was married. A sadder but wiser man is he. At least there are no child support payments.
 

rmet4nzkx

Senior Member
You first wrote 5 months ago, are you saying that in 5 months time he has not bothered to get a court order to at least get his belongings or a partition sale?
 

SurfWench

Junior Member
rmet4nzkx said:
You first wrote 5 months ago, are you saying that in 5 months time he has not bothered to get a court order to at least get his belongings or a partition sale?
Waiting for a court date for the partition, in the meantime the "agressive" party has been living free for one year at the disputed residence. I came here looking for free advice, (and you know what they say about that! LOL), but now am updating this cautionary tale simply as a public service. I repeat, it is ALWAYS a bad idea to put a non-spouse on the title, unless papers are drawn up before hand agreeing to all contingencies.
 

rmet4nzkx

Senior Member
What public service?
Your friend has not used the head between his shoulders.
Would he want you posting his sad story on the internet, he is the one who acted foolishly and didn't even bother to protect his interests or go to court.
 

naesatt

Member
Wow......I would have to start looking for my n*ts! :D Get that stripper out of your house, I don't care how embarrassing it is!!!! :eek:
 
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rmet4nzkx

Senior Member
naesatt said:
Wow......I would have to start looking for my n*ts! :D Get that stripper out of your house, I don't care how embarrassing it is!!!! :eek:
How's about an update on your saga? Eh?
 

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