I have a mortgage with my ex boyfriend and he's threatening to take away my house. Can he?

Question

Hello, I need help! My boyfriend and I bought a house together. Not long after we broke up. It was a semi peaceful break up and he agreed to let me live here and he moved out. He has not paid for the mortgage since he left. Well he's been nice because he hoped I'd come around and we'd be together again. It got to a point where I had to tell him we are never getting back together. Well I think it's sunk in now and he's pissed and threatening to take the house away from me or try to sell it out from underneath me.

Is that possible? What are my rights in this situation?

Answer 1

He can't take the house from you. If your name is on the mortgage (or deed of trust) you have the same rights as him. Thus, he can't sell anything without your release. Any mortgage broker would know that all parties' signatures would have to present on the settlement statement, where the sellers sign. He'll have to take you to court. I think what happens is the courts will let him know that the house will have to be sold in order for both of you to walk away Even Steven. Otherwise, you get to continue living there as long as the payments are made and the bank doesn't foreclose.  

Answer 2

if both of your names are on the mortgage, there's nothing he can do without your consent.  you will probably have to sell the house and split the proceeds.  check your states rules about this or contact your lender to get a more accurate answer.

Answer 3

First off, he can not sell the house without your legal consent since you both are on the mortgage. However, he can take you to court and have a judgment stating that when you sell the house that he gets half of the equity earned or he can demand that you buy him out now which can be done one of 2 ways. You can get an appraisal done on your home and pay him half of what the equity (say it appraises at 300,000 and it was purchased at 200,000 then the equity would be 100,000 so you would have to pay him 50,000 and the house would be all yours) is at that point in time to remove him from the debt or he can say give me $$$ amount of money and I'll sign my rights away of the house.  Good luck!

Answer 4

if the house is in his name, i'm not sure if you have any rights unless the two of you have a personal contract together. if it's in your names jointly, sue his lowdown a**

Answer 5

There's a kind of thing you can do where you force a sale of a house you own with someone else. I forget what it's called. If both of your names are on the property ownership papers, then that's what he'd have to do if he wanted to sell it. If your name isn't on that, though, then he could sell it and have you evicted, unless there were renter laws that prevented that. It sounds like the best thing here is for you to either buy out his half, or to sell it jointly so you don't have to deal with him anymore. But if you own half, then he can't legally sell it unless he takes that legal action.

Answer 6

Not to state the obvious, but this is why you never do this!  I think he will have to buy you out for the house.  You own half of it and if he wants it he needs to give you half the value.  Good luck.  

Answer 7

He cannot sell the house out from under you unless you agree to sell. Both of your names are on the mortgage. You either have to buy out his half or he has to buy out your half. If you have proof that he hasen't paid anything than use that in court. Consult a lawyer. Of you can get him to sign off the mortgage.  

Answer 8

Chances are that he has to sell the house. You could buy it from him. If sold yes half the profits are yours, but 6% fee to the Realtor and a poor house market now you will probably just owe half of the remaining debt. You should have been making the payments after he moved out. Chances are now that you both have pi$$ poor credit scores now, so you buying the house may be out of the question. AND why did you think he should pay the mortgage while you were living there? Are you some kind of high paid hooker? Maybe you can find a money bag sugar daddy to swindle and he can buy the house for you. You seem to think men owe you anyways. Hope you never get married and ruin some loving guys life.

Answer 9

Read the mortgage contract. There may be a clause in there that covers this type of situation. Also talk the the loan officer about the situation. If you have been making the payments then you will likely be entitled to more of the money from the sale of the property. He can not do anything like selling the house 'out from under you' unless your name isn't on the contract. I am assuming that it is from your wording, so there is absolutely no way he can sell the house without your consent.

My wife and her ex-husband have a house together with both their names on it. He wanted to sell the house but not give my wife her fair share. My wife said s***w that I don't agree to that and the real estate agent who was there told her ex that in that case there was nothing that he could do until he and my wife worked out an agreement.

Your ex is 'full of S**t'!

Answer 10

if you can't afford a lawyer go to legal aid in your state. If your name is on the documents he has to have your permission to sell & list the place. Even go to a realtor & get some advice from them. Just ask questions. But get a lawyer, fast!