Do I legally owe my ex GF half the mortgage if the property is in her name and I leave everything we bought?

Question

First, I know that I was wrong for this!!! I had an affair on my wife with my co-worker. I left my wife to be with her, we decide to buy a house, because I was in the middle of my divorce I chose not to put my name on anything. We made plans to pay for everthing together (nothing in writing). Two months in I realize that I had made a HUGE mistake so I tell her that I want to return to my wife she agrees but wants me to continue financial assistance to her. I verbally agree (nothing in writing). Now, my wife wants me to stop paying but the ex is threatening court action. I don't have any children with this woman nor did we sign any documents together as a couple or of promises to each other. If she decides to sell the house what obligations does she have to pay me back or spit any profits? So what do I really owe her??

Answer 1

OK... first things first....

I am assuming from the info you posted that not only is the Mortgage in her name but the Deed is as well. I am also assuming that she/you would have no standings in court to say you were married... especially if you never divorced your first wife.

Now... let's look at the ramifications...

1. You have no legal obligation to continue to make payments to her for any reason (other than guilt).
2. She has no legal obligation to 'share' the equity in her home with you even if you put up a major portion of it at time of purchase. Key two words here are 'HER HOME'.

This being said... you owe her nothing.. however she also owes you nothing. Therefore you can stop payments anytime. She can also sell the home at any time and all proceeds will be her's to keep.

My suggestion.. explain to her that you can't continue making payments to her however you would be willing to continue making payments PROVIDED that the home is put up for sale and all proceeds from the closing will be split 50/50. If she agrees then you will need to get a real estate agent to assist with the sale and I suggest you also draw up a simple contract stating that proceeds will be split.

If you can't come to an agreement.. she'll either keep the house and you get nothing or she'll sell the house and keep all the proceeds. In either case the only financial decision you have is to determine how much you think will be left over after the sale of the hope and does that amount large enough for the risk and headache.

Hope this helps and good luck!

Answer 2

You stated that the title to the property is in the ex-GF's name, however you did not mention whether or not you signed the mortgage note or any other debt instruments. If you signed both the mortgage and the note or even just the note, you are obligated jointly and severally on the mortgage indebtedness.

Apparently there were not writings to memorialize the transaction. The Statute of Frauds requires all agreements with respect to real estate to be in writing.

It appears that you are not legally obligated to continue to contribute toward the expense of the mortgage or other expenses related to the house.

Under the Law of Equity, there is a possibility that you may be able to recoup some of the money that you advanced toward the purchase of the property. However, Equity jurispudence is complex, and you are best advised to hire a lawyer to guide you.

Answer 3

Legally you're in the clear but you've already messed up twice (1/ wife/GF. 2/not thinking long enough before buying a house with your GF and putting it in her name) and your question gives me the impression that you would rather do the right thing this time around.

Yes you can lie thru your teeth in court and since you were not legally involved in the purchase of the house, that means she can afford it on her own, but is it fair? Not really, even though she probably wouldn't give you a share of the proceed if she was to sell the house. After all she must be pretty pissed at you. I know I would and I think you recognize that.

So, the thing to do is to offer to keep making payments for your "share" if, and only if, she puts the house on the market. Then, check out the RE market in your area and decide how long to make those payments depending on average time that a house takes to sell wherever you are. After all it is not that hard to make a house un-attractive enough so that there is no sale.

Make it clear to your GF that you will stick to that plan unless you get evidence that she is not holding up to her end of the bargain. And of course DO NOT put any of this in writing.

Hope that helps and good luck.

Answer 4

I don't think she can legally do anything if she doesn't have anything in writing, especially since it involves property matters and a house that is strictly in her name. She can take you to court over it, of course, but the chances of a win for her are very slim, especially if you didn't want to keep the house for yourself. It isn't your property, after all, your name is not attached to it in any way, not even as part of a lease.

The logic would be if she wants to keep the house, she should be the one to make the payments, and if she doesn't want to make the payments, then she can just sell the house or have someone else take over the mortgage. That's the way it would work in a divorce. The person awarded the house gets the house --- in no way is the other person obligated to continue making payments on it unless (s)he owes some type of alimony.

The courts might be more understanding of her situation if the agreement was to share the mortgage payment up until you guys could get rid of the house (as in there are no plans by either of you to keep the house), but if she wants you to continue helping with the payments and she's planning on keeping the house for herself, then she doesn't have much of a case, even with a verbal agreement.

But just in case, I'd get some legal consultation.

Morally, you should continue helping her but only for as long as it takes to get rid of the house (in which case you'd have to play an active role in ensuring this). If she doesn't want to get rid of the house or purposely impedes the process, then all obligations over the house ends. It's only fair. There are no innocent parties, here.

Answer 5

Any agreement over money this size must be in writing to be enforceable. You have no right to anything you paid in or any profits, and she has no right to mortgage payments from you. Just keep your mouth shut during any legal proceedings she brings. Anything stated in court is put on record in front of witnesses....you could quickly become obligated if you admit the verbal agreement before the wrong judge.

Answer 6

I don't know about legally obligated, but the decent thing to do would be to help her out until she can figure out a way to pay the mortgage herself or sell the house. I understand your wife not wanting you to have anything further to do with the ex-GF, but it would probably make life easier on everyone if you could help her out temporarily.......and don't expect her to split the profits. If she offers, take it, but don't make a big issue out of it.......just let this bad situation end with getting rid of the house.

Answer 7

Your screwed. Ever heard of a little thing call oral/implied contracts. All she has to do is file a simple civil action alleging breach of contract and give you an address to send the check. However, she must "mitigate" her damages. If she were smart, which it doesn't sound like she is for sleeping with a married man and buying a house in her name only, she would sell the home, pocket any equity and sue you for 1/2 the mortgage payment from the day you quit making payments until the day she sold the home. Oh, by the way, guess how gets to pay for all the closing costs and compensate her for her time and effort in saling the home, that would be you. Keep you junk in your pants next time homes.


WOW THERE ARE SOME REALLY BAD ANSWERS TO YOU QUESTION ON HERE - BOTTOM LINE, IF YOU AGREED, YOU AGREED - OF IF SHE CAN CONVIENCE A JURY YOU AGREED, YOU AGREED

Answer 8

You should seek the advice of a lawyer in your area. Some states recognize "palimony" causes of action, which could subject you to an obligation to keep paying your ex-GF. However, many states do not recognize "palimony" and you would likely be found to be simply not responsible (in more ways than one, by your own admission). Generally, if your state doesn't recognize "palimony," then she has no obligation to split any profits with you, and you have no obligation to pay her. Again, you should find out the details for your area froma lawyer in your area.

Good luck!

Answer 9

I don't think, legally, you are bound to anything. Agreements such as property owndership MUST BE IN WRITING in order to be enforceable.

Morally, I would say that you are coming up short. I think that agreeing to purchase property with someone who thinks you are going to assist in the payments is pretty lame. Mortgages are usually 15-30 years in duration and that is a long time to "stick" someone with the payments.

But, on the other hand, this woman was pretty trusting to apply for a mortgage thinking that without any formal contract the payments will be enforceable.

I would advise you to speak to a lawyer and then speak to your God to get yourself straight....

Answer 10

First off you suck for what you did to your wife.....anyways you should not be paying the girlfriend any money for the mortgage payments especially if she is going to sell the house, keep what is inside the house, and also keep any profits. The girl who cheated with you should move on and if bad luck happens to her oh well.