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Can I keep my house

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jennygale

Junior Member
What is the name of your state (only U.S. law)? ca

I purchased my home with my then partner as tenants n common we have 6 yr old twins and are no longer together but still n the home together. He does not want the home and he doesn't want me to have it. Is there something I can do to keep my home I offered him money to leave but he refuses all offers. I don't have alot of money and this is the only home our children have known. I heard about a case where the mother was allowed to remain n the home til the children were of age and then ordered to sale.
 


nextwife

Senior Member
Are they also HIS twins?

You are unmarried, therefore a family law judge cannot award you jointly owned property. It cannot be addressed like a divorce property division settlement. Whomever stays will likely need to buy out the other at FMV and refinance them off the loan.
 

jennygale

Junior Member
The twins are ours and i was wondering if I could keep the house til they are of age before we would have to sell. I want to buy him out but how does that work if there is no equity in the property? I gave birth to my twins they are not adopted.
 
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nextwife

Senior Member
If he is legally established as the father, he has the same right to custody as you do.

WHOMEVER stays in the house needs to plan to refinance the other off the mortgage and pay them half of whatever equity exists. Once they do that, they can stay as long as they pay their mortgage.
 

jennygale

Junior Member
You not giving advice on any of the questions i ve asked you just making your own statements. But thanks anyway.
 

nextwife

Senior Member
Can you afford to refinance him off the home?

A judge will NOT order him to just move out and allow his credit to be tied up. You are not his spouse, so this is a property issue, not a family law issue. As co-owners, you have equal rights to reside there.

I answered your question:

"I want to buy him out but how does that work if there is no equity in the property?"

If there is no equity, whichever of you stays in the house will need to buy out the other by refinancing them off the loan in exchange for a quit claim. Unless the other owner is willing to take the risk of leaving an open mortgage with an ex and tying up their credit for over a decade.
 

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