Q: We are both on the deed of the home we share but I'm the only borrower on the mortgage. If we split who calls the shots?
Split might be mean spirited...
A: If the home is in both of your names, the two of you have equal authority over its disposition. If you can't agree, a judge will decide (assuming you open up a divorce case). If the house was acquired after the date of marriage but before the date of separation, it is presumptively community property.
1 user found this answer helpful
A:
It depends on lots of things: 1. are you married?; 2. is the deed a joint-tenancy deed?; Are you "Tenants in common" under the deed? How long have you lived together?
The fact that you are the one paying off the mortgage means that the Bank (or mortgage company) will look to you as long as you are the one making the mortgage payments. If you stop making those payments, the property could ultimately be in jeopardy of being foreclosed on. The bad news is that if you both own the property as tenants in common, it means that each of you has the right to occupy the entire property. You need to work out a plan between the two of you as to who stays, who goes, who gets reimbursed for 1/2 of the mortgage payments, and whether or not you are going to sell the property.
1 user found this answer helpful
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.
