Tuscaloosa, AL asked in Real Estate Law for Alabama

Q: Am I responsible for paying utilities for a house that I do not live in, but I own by deed?

Hello, my ex-fiancé and I own a home together in Alabama. His name is on the mortgage of the home, and both his name and my name are on the deed. He is pressuring me to sign over my rights to the house to him. He is claiming that, although I no longer live with him in the home, I am still responsible for paying half of the utilities. Is that correct? I have purchased, jointly with him, thousands of dollars worth of appliances, flooring, and other improvements for the home. Therefore, it is in my best interest to keep my name on the deed. Thank you.

Related Topics:
1 Lawyer Answer

A: There is no legal obligation to pay half the utilities just because your name is on the deed. You need to take all the papers to a competent real estate lawyer and have him or her explain to you all the ramifications of the deed and the mortgage. It may be in your best interest to negotiate a buyout with your ex-fiance' under the terms of which one of you would purchase the other's interest in the property. Going further, any joint owner of real property can force a sale of the property in what is called an action for partition, but that can be a tricky and perhaps treacherous undertaking. A good real estate lawyer or domestic relations lawyer can advise you as to the best path. I assume that you do not want to continue jointly owning property with your ex-fiance'. Most people wouldn't.

WARNING: I am not your lawyer and providing you with the generic information, definition, clarification or explanation you seek about a legal matter on this anonymous forum does not make me your lawyer. By answering your question I am only trying to provide you with general information that will deepen your understanding of the legal concept that appears to be an issue for you, that will hopefully guide you in selecting and communicating with a lawyer of your choosing. The reason for all this is that legal problems are intensely fact-driven, and it is impossible to give anyone correct legal advice without comprehensive inquiry by the lawyer into the specific facts of the situation that concerns you, and the law of the jurisdiction in which you reside, and that is impossible to accomplish through this website. Even though I am not your lawyer, if I should later become your lawyer no representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.