She moved out of the state 7 months ago but I just found out she's in a new relationship and isn't coming back. I've been barely able to pay the mortgage and utilities since but she hasn't provided a quitclaim deed or anything. I would like to refinance to remove her from the mortgage but I don't know my rights. Is she still legally liable for half of the mortgage since she left? I live in Arizona and can't find any information on this scenario anywhere. Please help!
2007-09-15 13:22:36 · 14 answers · asked by Need help! 1 in Politics & Government ➔ Law & Ethics
You really need to speak to an attorney about this, because the laws are different in every state. Also, you don't want to find yourself in a foreclosure situation because she hasn't paid her debt.
2007-09-15 13:27:58 · answer #1 · answered by Emily Dew 7 · 2⤊ 0⤋
First of all, it depends on what "ex" means. If you were married, then you have a remedy in domestic court. I have a feeling that we're not talking about married people here, though, and that's much more complicated.
You need to see an attorney to find out what you have to do in order to sever her interest in the house. The sooner the better, because every month you pay the mortgage alone is a month that you're paying for her half of the accumulated equity. You may have to pay her off; if you have to, sell the house. See an attorney SOON.
PS: In answer to Chief, it doesn't matter from your end that she's on the mortgage, as long as you plan to make the payments anyway. I should think SHE would be worried about it, however, as you could completely ruin her credit rating as well if you default. Regardless, you can always refinance as part of the title change.
2007-09-15 13:31:46 · answer #2 · answered by Terri J 7 · 0⤊ 0⤋
Its really difficult to comment on the parade of ignorance I've just read in the answers to this question.
Both of you are jointly and severally liable to the mortgage company -- they can go after EITHER or both of your for the amount owed, unless there are purchase money limitations.
It makes no difference if she signs a quitclaim -- the difference is between ownership (the title or deeds) and debt (who signed the loan papers).
Obviously you can't solve your legal problems on here -- See a lawyer where the property is, and a divorce lawyer in the state where you last resided
And EITHER GIVE ME THE 10 OR GET THE PHUCK OUTTA MAH FACE
2007-09-15 13:39:23 · answer #3 · answered by Anonymous · 0⤊ 0⤋
You need to get in contact with a lawyer. Since she is on the deed you can't do anything unless you divorce her and then you have more problems.
So once a lawyer does what he can he will send her a petition to withdraw or you both have to sell or you try to sell her out on the loan. Where you by out from under her. That is the only way you will be able to do that....
Hopefully it works out for you. Dont ruin your credit cause of the girl. Youhave a while lifetime to have a house etc. BUT it takes only once to f^%$#@ up on a mortgage!
2007-09-15 13:36:25 · answer #4 · answered by butterflyangel1013 2 · 0⤊ 0⤋
If she hasn't since the quitclaim deed, she is legally liable for half of the mortgage since she left because she technically owns half of it.
Therefore, you either get a lawyer who is specialized in mortgage or a lawyer to negotiate with her to sell the property immediately.
After selling the property, you should have the funds that she owes you prior to her receiving her half of the money.
SELL THE PROPERTY IMMEDIATELY!!!
2007-09-15 13:29:18 · answer #5 · answered by SweetBrunette 5 · 0⤊ 0⤋
If she is on the mortgage, you will need to get a release from her to refinance. She is responsible for the mortgage also, but if she doesn't pay, there is no way to foreclose on only half of the house. You need to get her to give up her rights to the house and that will require a lawyer.
2007-09-15 13:31:43 · answer #6 · answered by fangtaiyang 7 · 0⤊ 0⤋
If she wont pay her part of the mortgage, and you cant afford it, I would put it on the market, unless you happen to know someone who would be interested in taking over her part of the mortgage. I would talk to a lawyer who specializes in real estate to see what your best course of action would be, and how you would go about having someone else take over her part. Atleast for now you could probably rent whatever your ex's part was to someone so that you dont end up losing your property.
2007-09-15 13:45:10 · answer #7 · answered by Somaesthesia 5 · 0⤊ 0⤋
If her name is on the mortgage, I would consult an attorney to determine how to get in contact with her to file a transfer deed (aka quitclaim) to you. Refinance it to your name after that. It's not a huge deal, unless you can't get her to sign the deed. Don't stop paying on it though, you will end up ruining your credit. I know it totally sucks.
Happened to my husband with his ex-wife. She stopped paying, mortgage company went after him, he was too stubborn and decided to file bankruptcy and jacked up his credit. He should have sucked it up, paid on it until they divorced.
2007-09-15 13:31:21 · answer #8 · answered by I do 26.2 4 · 0⤊ 0⤋
It would vary from contract to contract, but regardless of where she actually lives, without formally removing her name from the agreement (with a quitclaim deed, as you said), she is still responsible for whatever her share was prior to leaving. Read it and see what warranty rights you and her both have.
2007-09-15 13:31:19 · answer #9 · answered by Aaron 2 · 0⤊ 0⤋
If the place is in both of your names she is legal bound by contract to pay half. If not your are SOL so to say. If you both signed and she don't pay you can sue. You should call a lawyer and get some information.
2007-09-15 13:29:44 · answer #10 · answered by Bluto 2 · 0⤊ 0⤋