I have a survivorship deed with my ex fiance on a house we bought in 99 can i put a lein on it ?
HarlandI can not afford an attorney, but I do not want him to refinance because when I can afford I want the equity share I deserve.
CathernBad news. You have to get a lawyer. You could lose it all. Don't waste any time, and good luck.
BerniceYou might have to spring for an attorney. X Finance -- not married. Strange relationship...If you are still on the mortage then a refi cannot be done without your signature...If not then the other party can do what they want -- the X is making the payments...not you...If the X needs for you to sign a Quit Claim Deed that is when you hit the X for cash. Upfront.. Then you can sign the QCD. And relinquish ownership in the home... Other wise don't sign. Your first move is to find out if you are still responsible for the mortage. Go to the Property tax office and they will have the mortage company and the account number. Then make inquires. Unless you have another source...For public records...
LigiaShort answer is that you do have a "lien" on the property by being on the deed. But you can't make him re-fi it. You can, however, change your "survivorship" deed to "tenancy in common" deed, which means that you can sell your interest to someone else and if you die your share goes to your heirs, not to him.Per California law, you
Berniece1. No such thing as a survivorship deed...either you are on the title or you aren't.2. He can't refinance the home without your signature...IF you are on the title...that is how you get your money...you refuse to allow it until he pays you 50% if the EQUITY (NOT the value of the home) minus 50% of the refinance costs (because you choose to leave...you are responsible).3. You cannot put a lien against yourself. So the answer to that question is no.4. If you cannot afford an attorney you are stuck...I sure hope the loan isn't in your name.