Q: Bought a house together, not married, what rights do I have?
I have 3 kids with someone I was with for 10 years. We are no longer together but we still live together in a home we both purchased. Our names are on the house but we are not married. I started going to school and working on my debt. I want to have everything settled before I move out. With me going to school full time I told him I wouldn't be able to help him with the bills.
So now he uses that against me saying its not my house bc I dont contribute to anything. Yet I still pay his phone bill, I pay the home depot account that he left me with at $6k, and I pay everything for my kids, babysitting, clothes, etc. He now wants to refinance the house without my name on it bc I don't pay bills. I am fine with doing that, but now I'm having second thoughts bc I feel he will try to kick me out as soon as my name is dropped.
What rights do I have since we are not married? I want my name off the house so I can get a house when I move out, but not til then.
A: Your rights are determined by the deed, not the financing. If both your names are on the deed, you own a 50% interest in the house, whether you pay any bills or not, and regardless of whose name is on the financing.
That being said, if the mortgage doesn't get paid, the mortgage company gets to foreclose. For this reason, if he refinances, the mortgage company will insist that you sign the Deed of Trust (this is the lien, and should not be confused with the Deed, which is the title). The mortgage company is protecting themselves to make sure that they will have a right to foreclose on the Whole house, not just his part of it.
If you want your name completely off of the house, I suggest he buy you out, and then refinance on his own. But at that point, he can definitely kick you out if he wants to.
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.