Do I have to return my ex-fiances closing costs to her because she broke off the relationship and wants to leave the mortgage?

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Do I have to return my ex-fiances closing costs to her because she broke off the relationship and wants to leave the mortgage?

I bought a home with my fiance 6 months ago. We are currently going through a break up. She can’t afford nor wants the house. I would like to take ownership. We have separate bank accounts and split the closing costs when we moved in. We bought this house with the intentions of getting married and she had a change of heart shortly after moving in. She now wants me to pay her half of the closing costs back before she leaves. I don’t think this is fair considering I have to take over twice the mortgage and bills which I did not anticipate and is going to be quite difficult.

Asked on January 8, 2012 under Real Estate Law, Missouri

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Okay you need to get legal help with all of this right away.  The closing costs are the least of your problems.  If the mortgage and the deed are in both of your names then you will want her to sign ocer the deed in exchange for a buy out.  However, the only way to get her name off the mortgage is to refinance the home in your name only.  WIll you qualify for the mortgage?  Also, if you reiburse her for the closing costs - and I am not saying that you have to do so - you need to speak with your accountant about how that will be done as closing costs are deductible.  But only half were issued in your name. Seek help here. Good luck.


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