Business & Finance by Anonymous 2018-09-10 12:54:13
Boyfriends ex is financed on home loan. Legality?
Okay. My boyfriend has and ex. She s a super *****. Anyway. When they got engaged years ago they financed a house together. Both of them are on it. Well shes not been living here of making a payment on either the house or the home owners insurance for about 2 years. I ve lived her for about a year with my boyfriend...
If she is part owner and still on the mortgage, she certainly does have the right to kick you all out if you aren't paying the mortgage. It's still on her credit, and any black marks for non-payment will go against her as well. Your boyfriend would need to refinance the mortgage and have her sign a quit claim deed for the house to be in his name alone. Sounds like refinancing could be a problem in your current financial situation.
No, she can't just kick you out. Since he is on the loan and assumedly the deed too there is very little she can do. She could, in theory, force the boyfriend to refinance the loan or sell the house (via a partition lawsuit) but this is alot of time and effort and I really doubt she's going to do this if you are back to being on time with the payments - not really worth it. She may think she can kick you out but there is actually very little she can do (or at least very little she is likely to do).
She is co-owner of the house & can forbid anyone but the other co-owner to live there. He lives there, and they likely have an agreement that he is solely responsible for mortgage, maintenance, etc. You have no say in the matter as you are a guest in someone else's house. She may be able to force sale of the house as part of divorce settlement, too. She gets half the sale price if they are 50-50 co-owners.