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My fiancee is having an affair with another man. The problem is, we bought a house together. She left me in the house. She did not pay the mortgage last month. She is behind on the bills. Can I change the locks? Is there anything I can/should do to protect myself? Please help. I'm crushed and obviously not thinking straight.

2007-11-13 11:08:35 · 10 answers · asked by Anonymous in Family & Relationships Marriage & Divorce

We are not married, and the home is a joint tenancy.

2007-11-13 11:09:20 · update #1

10 answers

All you can do at this point is file judgment on her behalf of her payment..Take her to court for her half of the obligation..in which she singed for...

2007-11-13 11:13:32 · answer #1 · answered by getagrip 3 · 1 0

How did you take title?

What you are prob. going to have to do, is refinance and get her off the loan/mortgage.

When you purchased the house,
1) Was she on the sales contract?
2) Was she considered the co-borrower on the loan (Does your name appear first then hers?
3) Or (Hopefully she didn't go on the loan and you only had her placed on the Deed.)

Ok. lets say she was on everything. Sales Contract, Mortgage Loan (where they documented her income and assests like you).

You are going to have to refinance the house and get her off it.
You both are liable for the mortgage, any missed payments go against both your credit reports.

I don't know what she's thinking, but you better make sure the payments are made on time to protect your credit and get an attorney.
Sounds like you are going to have to sell the house and move or refiance it. Either way it's to buy her out. Then I would deduct the amounts due from her from any past mortgage payments she did not make plus costs.

If you did an 80/20 loan, then you really don't have any equity yet more then likely. If you do have equity, you need to decide if this is where you want to live or not.

Then if you can not afford the mortgage on your own, they do have No Income, No Asset refiances but you'll pay slightly higher.

And check your papers. Today there are more loans with a "Pre Payment Penalty" Clause to keep investors from buying and flipping properties. It could be if you pay off the loan within the first 2 years, the penalty is 1% of the remaining principal balance. Or it could be the other way around, first year 2% of the P.B. I sure hope you didn't get into that kind of loan.

I'm assuming you've been in the house for almost 4 months.
When you go to settlement, your first payment isn't due till the 2nd month. OR
Let's say you closed on July 30th, your first payment would not be due till September 1st.
Anytime in August would make your first payment due Oct. 1, but you do have up to the 15th or 16th before 2pm before a late fee is assessed. Never reported late untill afer 30 days.

Pull out your papers and if you liked your loan officer or the person who handled your financing such as offering you different loan program and rates. Call this person up at the Lender's and have them go over the papers with you so you know exactly where you stand legally. First thing is How did you take TITLE? Then have that explained in full to you.

I would take her to court on a Warrent in Debt or ask an Attorney in your state what they call it. You need to get out of this arrangement with her as quickly as possible. For every month that goes by and she doesn't make a mortgage payment and that's the only thing I can see she would owe you for, as long as the Real Estate Taxes and Homeowners Insurance is included. Oh and if you have an HOA fee. I'm not sure what you mean by "She is behind on the bills"? is coming from except the mortgage.

She has no obligation to pay the utilites unless she was living there and you can try and get her on that, not sure if it will stick. Go after her and ask the courts for her to pay your attorney fee's also and any other costs you incure, make sure you keep your records in a folder.

Good luck, I hope you can at least contact her.

(the sad part here is that if you only had her on the DEED, you could have her removed so much more easier and be done with her) I'm sorry to hear this, I usually don't advise 2 people going on the same loan until after marriage. Just placing one or the other on the Mortgage and the other on the Deed.

2007-11-13 11:50:31 · answer #2 · answered by Anonymous · 0 0

Wow, I'm sorry, dude. The both of you bought the house together and obviously, it looks like you're not getting married, but I can't be sure of that.

You might want to talk to a lawyer and see what your options are, if you want to keep the house but get her name taken off, you have to protect yourself now.

Worst case scenario has you selling the house and splitting the leftover profits after paying off the note. Talk to a lawyer.

2007-11-13 11:16:51 · answer #3 · answered by Yankee Micmac 5 · 0 0

I am so sorry about what your going through. I know this probably hurt you very much. I would get some legal advice from a affordable law firm. I know some give free consultations . There are ways for you to charge her with her half of the responciblites and your leagal fee's. I wish you the best.

2007-11-13 11:21:26 · answer #4 · answered by Hugs from Sugar bug 7 · 0 0

You need to speak to a lawyer, and you also need to speak to the bank.

It will be treated as a proper break up.

If you cant come to some kind of agreement, then it will have to be sold and money split.

She is half liable for this mortage, so get the bank chasing her for her half.

If she continues to default on the loan, it will affect BOTH your credit rating. So point that out to her aswell.

2007-11-13 11:18:22 · answer #5 · answered by Anonymous · 0 0

I would definetly change the locks and take some sort of legal action against her, hey maybe she will sign her rights off to the stuff you had together since she is the one that dumped you

2007-11-13 11:28:04 · answer #6 · answered by Anonymous · 0 0

well your a fool to buy a house with someone other than your WIFE. Time to put the house up for sale or have her quick claim her part over to you, but keep in mind you will have to buy her out.

2007-11-13 11:16:33 · answer #7 · answered by Dr Phil 5 · 0 0

Well, leave her of course. Don't change the locks. Go to a friends house, and def. do not marry her and find someone much better! Keep ur head up.! =)))))

2007-11-13 11:15:42 · answer #8 · answered by <3 5 · 0 1

first, you need to kick her in the taint... then you need to contact a lawyer abour the joint tenancy and get out...
lastly, find yourself a new girl

2007-11-13 11:14:20 · answer #9 · answered by Anonymous · 0 0

try paying your own bills

2007-11-13 11:13:18 · answer #10 · answered by charlesjerrell 7 · 0 2

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