Legal rights on a house?

Brunilda
I need to know my rights in this situation. My ex-bf and I bought a house together in January. We broke up 2 weeks ago. I am a full time student without any income/money in my account so he thought it was best that I move out to my mom's. I agreed to sign the deed if he refinances the house but he refuses to do so. Since I am financially responsible for the house as much as he is what are my rights as far as access to the house? Can he stop me from moving back in or coming in and out of the house? Thanks in advance

Barney
If your name is on the mortgage, you absolutely must make him refinance BEFORE you sign over the deed. If you sign over the deed but he doesn't refinance, then you are still liable for the mortgage, which means the bank can still sue you and ruin your credit if he stops paying. If the bank ever forecloses, it will be a foreclosure on your credit report which will make it much harder for you to buy a house someday. If the value of the house is greater than the amount owed on the loans, you should demand that your ex pays you half of that difference. For example, if the house is worth $120k, and you owe $100k, then you have $20K of equity and he should pay you $10k if he is going to keep the house. If you were to sell the house, you would have $20k left after paying off the loan, so you would be entitled to half of that. Just because he is keeping the house instead of selling it and splitting the money doesn't mean that you should give up the $10k that is legally your half of the equity. There is a good chance that your ex doesn't have this money laying around, so when he refinances the house, he needs to get extra money out of the loan so that he can pay you.Here is what you need to do, in order:1. demand equal access to the house until everything is settled2. get help from a lawyer3. sign a contract with your ex (that your lawyer approves) that says that you will release the deed to him after he refinances the house with a new mortgage and completely pays off and closes all existing loans against the house that have your name on them, and after you are paid half of the equity.4. verify that all the loans that have your name on them are paid and closed, and any new loans have only your ex-boyfriend's name on them. and collect payment from him for your half of the equity.5. Sign a quit-claim deedIt is important to realize that a contract between you and your ex-boyfriend does not have the legal authority to take your name off of a loan. This means that even if you sign an agreement saying that he gets to keep the house but he will pay the mortage, your name would still be on the mortage. If he ever defaulted on the loan, it would be on your credit record and the bank can still sue you for repayment.

Elizabeth
I can't imagine you have more rights then if you were his wife.In the US once you move out that is it, you have lost the right to call it your residence and can no longer legally enter the house without a court order. You can obtain a court order to retrieve items from the home, but are usually there with a police escort.You still retain ownership, just not the right of use.Since you already left he certainly can stop you for reentering, he can even have you arrested. Spouses are arrested for this constantly. If you ever are arrested for trespassing he will also have no trouble obtaining a restraining order against you.I don't mean to yell, but you must understand at least this, DO NOT SIGN THE DEED OVER UNTIL HE REFI'S!!!Also, you obviously have no equity, but you should insist that he repay you your half of the deposit on the house.

Irena
Wow; whenever you do anything with anyone, check it thoroughly and get an attorney involved if you don't know what you're doing.And personally, he would have been the one to move out and it sounds like he did do his homework. Hmmmmm.I would trust him as far as I could throw him.Get all the docs on the purchase and contact the title company that did the closing and get a property profile to see if he's done anything on the property without your consent, if you are on title that is.And consult a real estate attorney, as most others don't have the expertise to deal with property law.

Kati
Perfect situation why unmarried people should never buy real estate together. Is your name on the MORTGAGE? if you are a student with no job, I don;t see why your name would be on the mortgage - if your name IS on the mortgage, then you're equally on the hook for the costs if he stops paying the mortgage - You should want to get your name OFF the deed and/or mortgage if at all possible. Did you put any of your money into the house? - you should see a lawyer about your options - this is a big mess and us non-professionals are not the people you should be talking to

Austin
I am in the process of a divorce. My attorney's advice was DO NOT MOVE OUT OF THE HOUSE. I'm not sure how it would work in terms of a live-in relationship but, in my divorce, he would be perfectly within his rights to change the locks and not let me back in once I moved. Do not sign over the deed!! He needs to buy you out before he can assume full ownership. Get a lawyer, sweetie. If you cannot afford one, Google "legal aid" in your county and state.

Darrell
If you bought the house under a joint partnership agreement you are as much entitled to the house as he is.Really you need to seek legal advice on this matter. If you are in the UK I suggest you go to the Citizen's Advice Bureau. Also try searching Google under CAB

Karyl
You do NOT want to sign over your ownership rights without a refinance of the mortgage in his name only. If you sign a quit claim deed to ownership rights without a refinance, you have NO ownership, but remain equally liable for mortgage payments.Do NOT do it.

Ada
you need to settle it in court. if you are going to sign away your house you need to sign a quit claim deed...and in court you may be entitled to a sum of money.

Delila
You really need to consult a lawyer. Disputes concerning real estate, mortgages, titles, etc can get pretty complicated and pretty expensive. I take it you haven't signed the deed over to him yet. Don't unless and until there is a legal contract in place setting out exactly what the deal it. It should be drawn up by a lawyer and witnessed by a notary. As far as access to the property is concerned, the fact that you voluntarily left it could be evidence that you voluntarily gave it up as a residence. So you might have trouble if you wanted to move back in against his wishes. As joint owner of the property, you have the right to enter and inspect it for condition at reasonable times. You're somewhat in the position of a non-resident landlord. Your ex-bf, the resident, might dispute what you consider reasonable. You miught have to go to court to establish when you can enter the property. You still have the right to remove any of your personal property not in dispute. Again this should be with the agreement of the resident ex-bf. Again, it may require a trip to court to work it out as well as resolve ownership of any disputed items. You might want/need to take a deputy sheriff or cop with you. Since you don't reside there, if ex-bf has changed the locks, do not try to break in without having a court's authority to enter the premises. Otherwise, it would be a crime. Whether you live there or not, you are still responsible for mortgage payments, home insurance, property taxes, and any utilities in your name. If ex-bf doesn't pay, they will come after you. If the spat between the two of you puts you in default of your mortgage contract, you are looking at foreclosure and ruined credit. If property taxes aren't paid, the government can seize the property. You really need the help of a lawyer to get out from under. You might start with the local legal aid society or see if your school has any legal aqssistance for students. There are also mediation services that might help you resolve the issues without needing to go the litigation route; if ex-bf agrees, that would be your best course. But if he gets a lawyer and fights back, you're in for bad times. I hope you enjoyed your eight months playing house. Welcome to the real world, now.