Q: House situation
I have a question concerning my ex fiancée’s stuff being in my house. We had gotten the house together while engaged and she is the borrower and I am the co borrower. I’m in the process of assuming the loan at the moment. She moved out before October and I’ve been making the mortgage payment ever since by myself. She still has a lot of her stuff here and I want it out. She claims the house is hers because she’s the borrower and I can’t touch it. Is this true, considering she hasn’t paid a penny since September? Am I legally allowed to put her stuff in the garage or no? Would I be able to change the locks?
A: It does not matter which names are on the mortgage. It only matters which names are on the deed. If both names are on the deed, she is an owner, and she cannot be evicted. If only your name, then you are the owner. You must give written notice to vacate and then file an eviction action, obtain an eviction order from the court, then the sheriff will assist you in removing her property, and you can change the locks. Otherwise, she could sue you for wrongful eviction and money damages. Use the Find a Lawyer tab to retain an attorney to assist you with the eviction process.
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