gay couple seperation w/joint ownership home

[[email protected]]

hello, my name is Joseph Zamora, a year ago me and my significant other purchased a home, the major portion of the funds used were from my person cd's, saving and stock accounts. We are now in the middle of a very difficult seperation that has caused me to move out due to my health, if i leave the property can i sublet my half? he will coninue to live there, do i lose any of my rights??? the grant deed recorded as joint tenants w/rights of surviorship. what can i do to protect myself from loosing my half of the property?? The house by the way is now on the market. Also if he refinances the first, and not the second under his name were does that put me in terms of the ownership point?? HELP????? thank you

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by [email protected]:
hello, my name is Joseph Zamora, a year ago me and my significant other purchased a home, the major portion of the funds used were from my person cd's, saving and stock accounts. We are now in the middle of a very difficult seperation that has caused me to move out due to my health, if i leave the property can i sublet my half? he will coninue to live there, do i lose any of my rights??? the grant deed recorded as joint tenants w/rights of surviorship. what can i do to protect myself from loosing my half of the property?? The house by the way is now on the market. Also if he refinances the first, and not the second under his name were does that put me in terms of the ownership point?? HELP????? thank you <HR></BLOCKQUOTE>

You do not lose any of your rights but if you die he gets the entire property. If he refinances yo still do not lose any rights. Talk to a real estate attorney about transfering your interest to TC.

 

[Tracey]

Talk to a real estate attorney. You should be able to find some advertising in your local pink pages. Also, get A Legal Guide for Gay & Lesbian Couples, Nolo Press, from your library or book store. It can help you resolve this mess and avoid this sort of problem in the future.

Did you move out because of abuse? If so, you can get a restraining order requiring him to leave. You can sublet your 1/2 of the house, but might have problems, since the new person will have to live with him. You can also sever a joint tenancy fairly easily. If he buys you out, make sure he refinances both mortgages. Otherwise, you're still on the hook for the money. Having you name on his mortgage could prevent you from getting a mortgage on another house next year. Good luck.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws. [email protected] - please include some facts so I know who you are!