Ex Fiance's entitlement

[LarryK9]

LarryK9, I live in Pa, I bought a house in Dec 2000. In Jul 2001 my fiance and her children moved in with me. She started paying half the mortgage at that time. In Nov 2001 I refinanced the mortgage and had her put on the mortgage. She is listed on the mortgage as Joint Tenency but she is not listed on the Title. I now have an agreement of sale for the property and her lawyer wants half of the proceeds or he will put a lien on the house. I would like to know what her entitlements are?

Thank you!

 

[LarryK9]

Forgot to mention

I forgot to mention that her and the kids left on 19 Mar, she did pay aprils mortgage....

 

[HomeGuru]

LarryK9, I live in Pa, I bought a house in Dec 2000. In Jul 2001 my fiance and her children moved in with me. She started paying half the mortgage at that time. In Nov 2001 I refinanced the mortgage and had her put on the mortgage. She is listed on the mortgage as Joint Tenency but she is not listed on the Title. I now have an agreement of sale for the property and her lawyer wants half of the proceeds or he will put a lien on the house. I would like to know what her entitlements are?

Thank you!

**A: you do not have your facts correct. Hire an attorney and level the playing field.

 

[LarryK9]

I do have the facts correct

Sir,
I do have the facts correct, the mortgage paper work for the refinance states Joint Tenancy, but the title was never changed. The title on file lists me as sole owner. Someone made a mistake, I think....

 

[HomeGuru]

Re: I do have the facts correct

Sir,
I do have the facts correct, the mortgage paper work for the refinance states Joint Tenancy, but the title was never changed. The title on file lists me as sole owner. Someone made a mistake, I think....

**A: here is why your facts were not correct: in your post you stated that "She is listed on the mortgage as Joint Tenancy...."
The parties that signed the mortgage are called borrowers and the mortgagee requires that each borrower have joint and several liability for the mortgage.
There is no tenancy vesting on the mortgage such as joint, tenants in common etc.
Now you state that the mortgage paperwork for the refinance states Joint Tenancy but the title was never changed.
The paperwork must state something to the effect of tenancy vesting or how title is to be held. There is a big difference between a mortgage and mortgage paperwork.
Anyway, the bottomline is that she may well be entitled to ask for half of the equity due to her mortgage liability. Such equity position is subject to negotiation and her attorney can file a lis pendens and screw up the sale until the matter is resolved.