Removing someone from a deed

[johnnysbug]

What is the name of your state? TN

Here is my situation:

I was engaged to a woman, and we moved into a house together in May 2005. She didn't qualify for the mortgage loan, so the mortgage is in my name. Her name was not on the deed originally, but we filed a quitclaim and added her name to the deed a month after moving in.

Since then we have ended our relationship. She is still in the house and wants to stay until May of this year when she says her children will be out of school.

I pay all the bills in the house, including the mortgage. Since we have lived in the house (since May 2005), she has contributed $1800 towards the mortgage ($600/month over a three month span)

She says she is leaving in May, but she doesn't feel she has to contribute to any of the expenses of the house, bills or mortgage, because in her mind, she is using her share of the equity in the house to pay for her time there.

I plan to keep the house after she moves, but I asked her if she would sign a statement stating she gives up all rights to the house. She said she didn't want to sign anything.

She does not have a job and has not had one for many months. I am afraid she is looking for a free ride.

What are her rights to the house? Can she ask for half of the value of the house? What if she does not want to sign her name off of the deed? What can I do? Since I pay the mortgage and her name is not on the mortgage, does that make a difference?

I appreciate any help offered. I have been looking online for similar situations to this, and I have not been able to find any.What is the name of your state?What is the name of your state?

[seniorjudge]

Originally Posted by johnnysbug

What is the name of your state? TN

Here is my situation:

I was engaged to a woman, and we moved into a house together in May 2005. She didn't qualify for the mortgage loan, so the mortgage is in my name. Her name was not on the deed originally, but we filed a quitclaim and added her name to the deed a month after moving in.

Since then we have ended our relationship. She is still in the house and wants to stay until May of this year when she says her children will be out of school.

I pay all the bills in the house, including the mortgage. Since we have lived in the house (since May 2005), she has contributed $1800 towards the mortgage ($600/month over a three month span)

She says she is leaving in May, but she doesn't feel she has to contribute to any of the expenses of the house, bills or mortgage, because in her mind, she is using her share of the equity in the house to pay for her time there.

I plan to keep the house after she moves, but I asked her if she would sign a statement stating she gives up all rights to the house. She said she didn't want to sign anything.

She does not have a job and has not had one for many months. I am afraid she is looking for a free ride.

What are her rights to the house? Can she ask for half of the value of the house? What if she does not want to sign her name off of the deed? What can I do? Since I pay the mortgage and her name is not on the mortgage, does that make a difference?

I appreciate any help offered. I have been looking online for similar situations to this, and I have not been able to find any.What is the name of your state?What is the name of your state?

Q: What are her rights to the house?

A: Same as yours.


Q: Can she ask for half of the value of the house?

A: She already has it.


Q: What if she does not want to sign her name off of the deed?

A: Then she will remain as owner.


Q: What can I do?

A: You can file a partition suit; the court will sell the property on the courthouse steps. After all the expenses, fees, etc. are taken out, y'all will split whatever is left over (if anything). Set aside about $20K and three years for such a lawsuit.


Q: Since I pay the mortgage and her name is not on the mortgage, does that make a difference?

A: No.

[johnnysbug]

Lesson learned.

So I should bide my time and hope she leaves in May, and willingly wants to remove her name from the deed.

[seniorjudge]

Originally Posted by johnnysbug

Lesson learned.

So I should bide my time and hope she leaves in May, and willingly wants to remove her name from the deed.

Yes and be VERY NICE to her....

[HomeGuru]

If she read this website you are in trouble.

[efflandt]

Read your mortgage papers. In most cases if you assign your property rights to someone else, the loan becomes immediately due and payable. So filing the quitclaim was a mistake if loan balance is more than 50% of property value. Good luck if your mortgage company finds out.

Hopefully you can get her to assign it back to you when she moves out.

[Zigner]

Originally Posted by johnnysbug

Lesson learned.

So I should bide my time and hope she leaves in May, and willingly wants to remove her name from the deed.

Yes, but do more homework in advance - perhaps even consult an attorney. I mean, if I owned half a house, I wouldn't just "give" it away!

[Blue Meanie]

Originally Posted by johnnysbug

Lesson learned.

So I should bide my time and hope she leaves in May, and willingly wants to remove her name from the deed.

Refinance the mortgage and buy her out...offer her enough to pay for a few months in an apartment....rent, electric, gas...ect...

Good Luck!!

Edit to add: Of course this offer is for her signing a quit claim on the house....

[nextwife]

She's NOT on the mortgage, technically, there is no need to refinance. He can try to pay her off from other resources, it may be cheaper than a refi, in exchange for a QC back from her. If she's a user, she may just grab the easy, fast money..

[Blue Meanie]

Originally Posted by nextwife

She's NOT on the mortgage, technically, there is no need to refinance. He can try to pay her off from other resources, it may be cheaper than a refi, in exchange for a QC back from her. If she's a user, she may just grab the east fast money..

True, true... ...I had assumed money was an issue and he wouldn't have enough with out a cash back option from a refi....

You know what "they" say about assuming...