Force someone off a deed

[snickersshadow]

My ex boyfriend was in terrible financial shape (unknown to me) when he asked me to come back. I did and we got engaged. Then I found out his finances. I borrowed $60k from my aunt to pay off his house and all his bills. We had a new deed recorded with both our names (no liens) and signed an agreement to repay my aunt, secured by the house. Shortly after the deal was done, we decided to buy a new house next door and rent this one out. He couldn't qualify for the loan and thought I should buy it alone, then we would get married. He broke up with me a right after I closed on the new house and stayed in the house we owned togehter. I found out from a friend of his that money, not feelings, was the reason he asked me back in the first place. I still have personal property that I can't get from the house he is living in that we own together. He will not respond to any form of contact and when I confront him in person he is very threatening and insists there is nothing I can do. He has had multiple roommates since I've been gone but has not paid a penny towards the house. I, of course, have made the payments to my aunt. It has been almost 2 years since we broke up. I can't afford to pay for both houses any longer. Two questions come from this. One, do I have any action against him for him planning to take advantage of my feelings and trust for financial gain ( a lot more than the $60k)? Two, how can I force him to sign the deed over to me? The house value is about $50k so selling to pay off won't be an option and there is no equity to fight over. He is unemployed, other than odd jobs, and unable to get a loan. I want him to move out and sign over the deed so I can repair the house (needs roof and cosmetic repairs) and rent it out until the value increases enough to break even on the loan.

 

[disagreeable]

You can't make him pay you anything or pay bills. You can motion a court to force a partition sale on the joint property, however you are only entitled to half of any proceeds.

 

[army judge]

The law can't interfere in what married people have done. The court can only force a sale of the property and give you each an equal cut of the profits, which in this depressed economy might be minimal. Don't use money to get a mate. You only end up getting got yourself.


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[snickersshadow]

We had dated 3 years prior and both were financially stable at that time. We broke up for a year before we got back together. He (rightly so) assumed my financial position was stable. I also assumed his was stable which he let me believe until after I got the loan. The purpose of the loan was for us to start our lives with only the house as our single debt. It is easy for someone that you trust to trick you when they have no problem telling you what they know you need to hear and truth is of no concern. We never got married so this is simply two people that own one house. The house is worth $50k if it is repaired and gets full market value. We owe $55k. There is no equity to split. I simply want the person responsible for the $60k loan to be the one on the deed. If he could do that, I would sign it over to him and walk away. It would be nice to get paid for all the other things but I am prepared to let that go as an expensive lesson learned. He refuses to make the payment, (house, taxes, insurance). He does not maintain the house. A tree is down over the fence, shingles were blown from the roof. The price of the house should indicate that we are not wealthy people. Not only is he not paying but he is causing the house to loose value. I can't afford a lawyer. He will not let me in the house, which I do 1/2 own.

 

[disagreeable]

all the sheriff, you are entitled to enter your property. Getting off the deed does not seem to be your only goal. It seems you want off the loan.

 

[army judge]

We had dated 3 years prior and both were financially stable at that time. We broke up for a year before we got back together. He (rightly so) assumed my financial position was stable. I also assumed his was stable which he let me believe until after I got the loan. The purpose of the loan was for us to start our lives with only the house as our single debt. It is easy for someone that you trust to trick you when they have no problem telling you what they know you need to hear and truth is of no concern. We never got married so this is simply two people that own one house. The house is worth $50k if it is repaired and gets full market value. We owe $55k. There is no equity to split. I simply want the person responsible for the $60k loan to be the one on the deed. If he could do that, I would sign it over to him and walk away. It would be nice to get paid for all the other things but I am prepared to let that go as an expensive lesson learned. He refuses to make the payment, (house, taxes, insurance). He does not maintain the house. A tree is down over the fence, shingles were blown from the roof. The price of the house should indicate that we are not wealthy people. Not only is he not paying but he is causing the house to loose value. I can't afford a lawyer. He will not let me in the house, which I do 1/2 own.

Well, you got screwed.
You can file bankruptcy.
He can't pay, and the lender will foreclose the note.
Short of going to court, you'll be paying for his living situation the rest of your life.