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Mortgage and Deed Question

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seriousdilima

Junior Member
What is the name of your state? California

I bought a house in 2001. The house went under my then girlfriends fathers name at the time, becuase I owed too much in child support to get it in my name. The father put the house in here name just last year in December. I recently broke up with her. Now she wants half. I put the down payment and made all the Mortgage payments, she hasn't contributed a penny toward anything. Also she is unemployed and has been for 3 months.

What if anything is she entitled too? Where do I stand?

The mortgage is in her farthers and her name. The deed is in her name. I have all the receits of all that I paid.

My question is since she didn't contribute anything can I get all my money back through a lawsuit and also the equity. The house is now worth almost $800,000.

Thank You for your help in advance.
 


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seniorjudge

Guest
seriousdilima said:
What is the name of your state? California

I bought a house in 2001. The house went under my then girlfriends fathers name at the time, becuase I owed too much in child support to get it in my name. The father put the house in here name just last year in December. I recently broke up with her. Now she wants half. I put the down payment and made all the Mortgage payments, she hasn't contributed a penny toward anything. Also she is unemployed and has been for 3 months.

What if anything is she entitled too? Where do I stand?

The mortgage is in her farthers and her name. The deed is in her name. I have all the receits of all that I paid.

My question is since she didn't contribute anything can I get all my money back through a lawsuit and also the equity. The house is now worth almost $800,000.

Thank You for your help in advance.
Click to expand...

Q: What if anything is she entitled too? Where do I stand?

A: You stand on a thin ledge that is crumbling. This is because: "The mortgage is in her farthers and her name. The deed is in her name." That means that she owns it and she and her father have borrowed money on the land.

Hire an attorney and try to prove a constructive trust. This will be expensive, long, and difficult.

A "constructive trust" is a judicially imposed remedy for a tortfeasor's exercise of control over another's property; that is, it is imposed notwithstanding the absence of an intent to create a trust relationship.

That's legalese for saying you have to prove that GF and father defrauded you of your land and now you want the court to give the land to you.

Google california constructive trust
 
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seriousdilima

Junior Member
Constructive Discharge

I have the means to hire a good attorney. Her and her father have no money to hire an attorney. In the meantime I have to keep paying the Mortgage so I don't lose my investment. If I don't make the Mortgage payments we all lose, especially them and his credit.

What is the difficult part? I know it will be long and expensive.

Would the constructive trust, if I win will I be entitled to the entire house without her and her father getting anything.
 
S

seniorjudge

Guest
seriousdilima said:
What is the name of your state? California

I bought a house in 2001. The house went under my then girlfriends fathers name at the time, becuase I owed too much in child support to get it in my name. The father put the house in here name just last year in December. I recently broke up with her. Now she wants half. I put the down payment and made all the Mortgage payments, she hasn't contributed a penny toward anything. Also she is unemployed and has been for 3 months.

What if anything is she entitled too? Where do I stand?

The mortgage is in her farthers and her name. The deed is in her name. I have all the receits of all that I paid.

My question is since she didn't contribute anything can I get all my money back through a lawsuit and also the equity. The house is now worth almost $800,000.

Thank You for your help in advance.
Click to expand...

The house went under my then girlfriends fathers name at the time, becuase I owed too much in child support to get it in my name.

The difficult part will be explaining to the court why you have absolutely nothing in writing concerning this transaction (except the receipts). You yourself gave the reason in your first post.

Thus, there are three con artists here: You, GF, and GF's father. There was a falling out among thieves. When you go to court against GF and GF's father, you will have the large problem of "clean hands" (Google that).

You will also have the problem explaining to the other court where you had your first lawsuit how you came up with so much money for this con job but did not have enough to pay your child support.

You need to be prepared to spend a lot of money and a lot of time for the next several years in court explaining all this stuff to different judges.
 
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seriousdilima

Junior Member
Child Support

Okay, I understand about the child support, I am in compliance and I make my payments, the thing here is I never paid for 4 years because my ex-wife had numerous affairs that's the reason she's an ex-wife. So I never really knew if the children were mine or not. However it took 4 years for the courts and DA to file on me. When I tried to get the loan in my name I couldn't because of the child support. I just never thought about this happening and it came back to bite me.

I trusted them and this is what happened.

It's true I have nothing in writing except my receipts.

Do I have a fighting chance?
 
J

John Se

Member
you need to make up with your girlfriend

you need to make up with your girlfriend, do what ever it takes, Suck up big time. Then you need to get the deed in your name, then you can break up.
 
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seriousdilima

Junior Member
Too Late

It's too late for that I found out she refinanced her timeshare with my money behind my back, and numerous other things.

I don't want to go back with her, I broke up with her.
 
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