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Rights of unmarried home owner

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M

mrs. cmh

Guest
My daughter and her fiancee bought a new house in December, 1998. In February, 2000, he ended the 7 year relationship. My daughter has stayed in the house since that time and they have shared the house payments(each paying 1/2 every month). They have not been successful in selling the house. Both names are on the mortgage and deed. He has now informed my daughter he will no longer help with the house payments. She will make the payment herself but needs to know her rights as far as selling the house(possible without his approval). He has asked her to move out so he can move in but she is fearful he will default on the mortgage so has refused(he was the one who ended the relationship - which happened quite suddenly and was unexpected) Is there anyway my daughter could re finance in her name only? What other options, if any, are we missing? They live in Nevada.
 


I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by mrs. cmh:
My daughter and her fiancee bought a new house in December, 1998. In February, 2000, he ended the 7 year relationship. My daughter has stayed in the house since that time and they have shared the house payments(each paying 1/2 every month). They have not been successful in selling the house. Both names are on the mortgage and deed. He has now informed my daughter he will no longer help with the house payments. She will make the payment herself but needs to know her rights as far as selling the house(possible without his approval). He has asked her to move out so he can move in but she is fearful he will default on the mortgage so has refused(he was the one who ended the relationship - which happened quite suddenly and was unexpected) Is there anyway my daughter could re finance in her name only? What other options, if any, are we missing? They live in Nevada. <HR></BLOCKQUOTE>


My response:

If she has the ability to refinance, then she can sue him for "partition". Under the court orders, one of them will then be able to refinance and buy the other out, without a signature. If neither wants to buy the other out, then the court will order that the house be sold, and the assets divided equally in Nevada, which is a community property State.

So, now that he has threatened to ruin his and her credit by refusing to abide by his contractual obligations under the mortgage contract, time is now of the very essence for her to see an attorney, and to begin a partition action.

IAAL


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