Typically scenario - my fiancee & I bought a house, refianced for 125% of the value one month ago and he has since decided he's done. All the furniture is mine and he won't leave, he wants my son & to leave. I've heard of forcing him to sell, but we are upside down on our mortgage. I tried to tell him to put the house on market and we will both equally come out of pocket to close. I can't stay in house but both names are on mortgage and deed. I told him I'm not leaving and if he won't put the house up for sale I'm not going to may the mortgage and force it into a foreclosure (I realize this will effect our credit - which will upset him). What do I do!!!
2007-01-26 07:13:57 · 22 answers · asked by lissabell99 1 in Family & Relationships ➔ Marriage & Divorce
Basically, you will have to "buy" your way out of this. If you are upside down in the mortgage, and he doesn't want to sell, I would recommend moving. You will have to pay half of what is owed over the value of the house. Then, you will be removed from the mortgage.
You will require a lawyer, and will have to be done through the courts most likely. You two are not married, but this is a community debt. Since you relationship is over, this part of the process will model a divorce somewhat, without technically being a divorce.
2007-01-26 07:23:54 · answer #1 · answered by ? 5 · 0⤊ 0⤋
If you foreclose on the property then you could have a hard time trying to finance another place over the next couple of years as it will affect your credit and your history.
You could try to get him to sign the deed and put it in his name as he will then be responsible for the mortgage payments.
You could also try talking to the lender to see what they advise as a foreclosure on your credit report could affect you moving into rented as the landlord will see that you haven't paid you mortgage which is why you need his place.
there really is no easy way out of this and at 125% LTV on your mortgage someone is going to have a big bill. Sorry for not having a definitive answer, but if one person won't co-operate then things do get tough.
2007-01-26 07:26:11 · answer #2 · answered by bassmonkey1969 4 · 0⤊ 0⤋
Yikes!
First, don't blow your credit - pay the mortgage.
Second, contact an attorney to find out what your rights are in your state.
Is there any chance you are getting back together? Where did the money go from the refi?
You can stay in the house, as you are an equal partner in the home, as stated on the mortgage and the deed. Can you afford to buy out his portion of the house? It may take a few months to get things straightened out.
Don't make rash decisions?
2007-01-26 07:30:13 · answer #3 · answered by I_Love_Life! 5 · 0⤊ 0⤋
It's upto him. It's his investment as well, and a major one at that.
If you default on the mortgage and foreclose while he maintains his part of the payment, when and if it goes to court, and credit checks are done, he can very easily pleed that he was doing his fair share and down to the seperation you intentionally did this to force him out and upset his financial and personal being. The court can very easily, as has been done on many occasion, sighn the whole property over to his financial control rendering you in the dog house. There's not much you can do. The court will not and cannot force him out of a mortgage if he is willing, able and IS paying his agreed part.
The only way to do it is ammicabaly. If you cant do that then your stuck.
2007-01-26 07:26:49 · answer #4 · answered by trickyrick32 4 · 0⤊ 0⤋
go straight to your solicitor love he has to move out if the relationship is over and as you have a child it is then classed as the family home and the main parent stays in the family home with the child, if neither of you can agree who that will be then both of you have to seek a third party to decide this, if you move out the council will try an find you a house for you an your child, plus he will then have to buy you out if he cant do that then he has no choice but to sell the house, good luck.
2007-01-29 22:12:27 · answer #5 · answered by SARA R 1 · 0⤊ 0⤋
Sounds like you have a good handle on the matter. If you don't mind the bad rap, force him into foreclosure. You can move into a nice place and he'll have nothing in the place and he won't be able to keep up the payments.
Do it to it.
2007-01-26 07:33:19 · answer #6 · answered by Kevin A 6 · 0⤊ 0⤋
I would consult a lawyer to force the sale of the home, don't destroy your credit over this. It takes to long to rebuild. You need to check on the laws regarding this in your state.
2007-01-26 07:38:25 · answer #7 · answered by Bridgette B 3 · 0⤊ 0⤋
See a solicitor. I'm not too sure of the legal ramifications but if you want to sell I think it will have to be so - whatever - your best bet is consulting a solicitor.
2007-01-26 07:22:07 · answer #8 · answered by Mother Hen 3 · 0⤊ 0⤋
play his game! thats all you can do. LIve there and be happy and single. You can talk to friends and guys on the phone in front of him, get a babysitter and stay out all night. eventually he will want to sell, because h is not going to want you to be happy.
2007-01-26 07:21:45 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Why not try to reconcile with him over the relationship! Who cares about the house! We care about your relationship! It's still salvageable! Get to work on it!
2007-01-26 07:30:32 · answer #10 · answered by delux_version 7 · 0⤊ 0⤋