My ex girlfriend and I purchased a home together and she is the borrower and I am the co borrower. We broke up and she doesnt want to move out is there anything that I can do since I am the one making the payments
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My ex girlfriend and I purchased a home together and she is the borrower and I am the co borrower. We broke up and she doesnt want to move out is there anything that I can do since I am the one making the payments
My ex girlfriend and I purchased a home together and she is the borrower and I am the co borrower. We broke up and she doesnt want to move out is there anything that I can do since I am the one making the payments
Asked on April 14, 2017 under Real Estate Law, Texas
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
The fact is that regardless of who is making the payments, if her name is on the deed, then as a co-owner she has just as much right as you do to stay in the house. If you want her out, you'll have to buy her out. What you can do is to try and negotite the price factoring in the amount of mortgage payments that you made. If she won't agree to this then you can file for an action in "partition". In such an action, the court will order that the property be divided if possible. If not (as in the case of a single family residence), the court will then order "a sale in lieu of partition". This means that the house will be put on the open market and sold for fair market value. Once sold, the proceeds will be equitably divided between the parties (which means that you will get credit for the mortgage payments that you alone made). That having been said, if one of the co-owners wants to keep the property, then they can buy out the other owner's interest. Therefore, in your situation, you could pay your ex-girlfriend for her share, less the amount you paid towards the mortgage payments. At this point, you should consult directly with a local attorney who can best advise you further.
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