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can my ex force sale of my house if she is on mortgage but not deed?

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Icon Mini Profile paragonfishbowl





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Post Posted: Thu Jul 07, 2011 7:19 pm    Post subject: can my ex force sale of my house if she is on mortgage but n
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I bought my house about 6 years ago. I paid the down payment, and only my name is on the deed. However, my then-girlfriend got me to put her name on the mortgage along with mine. we have been separated for about 2 years, and I have always made the payments. Always on time, as well. As a couple we had a joint account, but since then all payments have come from my personal account (with the same bank that holds the mortgage).

Suddenly, she comes back into the picture saying if I do not refinance the mortgage solely into my name by the end of the month, she is going to have her lawyer force the sale of the house. Is this possible?? It is a terrible time for me to try and refinance, due to my credit (again, never late on the house, but medical bills, mostly). But I have paid everything into this place, and I cant afford for her to sell it, especially in this market.

Please, any advice would be so greatly appreciated!!
Icon Mini Profile paragonfishbowl





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Post Posted: Thu Jul 07, 2011 7:25 pm    Post subject: also...
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I am never late on any of my regular bills. I make enough money to cover all my payments. There was a credit card issue a while back (when we were together, actually) but other than a few stray medical bills I am always on top of all my obligations.
Icon Mini Profile adonis
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Post Posted: Thu Jul 07, 2011 11:50 pm    Post subject:
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Hi paragonfishbowl,

If your ex-girlfriend's name is not mentioned in the property deed, then she won't be able to force you to sell off the property.

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paragonfishbowl - thanks!

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Post Posted: Fri Jul 08, 2011 10:21 am    Post subject:
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Thanks! That is a relief... so when she says she is going to have her name put on the deed, that is a bunch of nonsense? I believe she may have physical possession of a lot of the paperwork, but that doesnt matter does it?
Icon Mini Profile jameshogg
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Post Posted: Mon Jul 11, 2011 12:05 am    Post subject:
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Hi Guest,

Unless you sign a quitclaim deed and add your ex-girlfriend to the property deed, she won't be able to add herself to the deed.

Thanks
paragonfishbowl- confused

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Post Posted: Mon Jul 11, 2011 2:06 pm    Post subject:
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The lawyer available to us through our union at work has now told me the exact opposite. He said it is "very possible" that she can get her name put on the deed. Is NY state in some kind of crazy real estate law vortex?? That seem absolutely insane.
Icon Mini Profile smithsussane
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Post Posted: Mon Jul 11, 2011 10:43 pm    Post subject:
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Hi Guest!

Welcome to forums!

Unless you add her name to the property deed, she won't be able to claim ownership of that property.

Sussane
Icon Mini Profile sabrinatoss
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Post Posted: Tue Jul 12, 2011 1:58 am    Post subject: hi paragonfishbowl!
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To have an accurate evaluation on your problem. You have to let an expert examine those payments that you made so that you can have the appropriate advise.
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Icon Mini Profile gmakerley
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Post Posted: Tue Jul 12, 2011 10:33 am    Post subject:
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Regrettably, many folk come here anticipating that their queries will be addressed by "experts." Often, that's not the case, as we find a vast number of the responses are couched in terms such as "as far as I know," or "you need to contact an expert," etc.

Experts exist on these forums in many cases, and for those of us who've reaped the benefits of numerous years of experience, we are able to provide advice that directs people to the precise place they need to go to get that "expert" advice (when we lack).

Declaring that we can help with information based on "as far as I know" is rather a troubling notion. That's not going to give our posters much in the way of confidence in receiving such an answer.

I don't know the solution to this, but I'll contact the nearest expert I can find to see what can be done.

Thanks for listening.

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