Posted by dealmaker on March 23, 2005 at 18:16:05:
Call a lawyer NOW, or first thing in the morning.
I’m not a lawyer, but I know when to call one. I’m pretty sure that as CA is a community property state you’ll have to RE-FI into your own name. A judge stating that you’re not H&W is unlikely and would hold no sway with the lender.
AFAIK the ex is entitled to 1/2 of the house. Big problem getting into this much value and debt with anyone other than spouse.
Sorry.
dealmaker
Removing someone out of Deed of Trust - Posted by Helene, CA
Posted by Helene, CA on March 23, 2005 at 15:38:58:
Here is my situation:
In November 2004, I bought a house with my then companion/husband. We have lived together for 3 years and considered each married and even called each other husband and wife but we never had a legal ceremony nor was any marriage ever recorded in our county. Upon signing the home loan documents, we noticed that the Deed of Trust had our vesting as husband and wife as joint tenants. Our broker assured us that was OK since we considered ourselves married anyways. Well, now we have separated and have been living apart since January 2005, at which time he moved out of the home and left. There is no reconciliation possible, it’s done and over with and we have moved on. But, I have requested that he sign a Grant Deed removing himself of the Title of the house, since I am the one paying the mortgage now and living in the home. He is stating unless I give him a large amount of money, like a payoff, he won’t sign the Grand Deed. As a matter of fact, he wants to wait until I can refinance in 2 years and get his share of the home equity out of the house. Now, I am the only one paying the morgages on the house, we have a first and a second mortgage, he is not contributing to any of it since he moved in January. He made half of the payment in January, December there was no payment due and I have been paying since then. I am the one that put the downpayment on the house from my 401K plan. What can I do to protect myself so he won’t, in 2 years, try to get money out of the house with the equity, that he didn’t even pay for. How can I legally take him out of the Deed of Trust so he doesn’t have any interest in the house anymore and could possible take the house away from me in the future. Please help, I don’t want to pay for a house where he will be able to enjoy proceeds from in the future. How can I protect myself. Please let me know. Thank you. Helene.
Are you H & W ? - Posted by John Merchant
Posted by John Merchant on March 23, 2005 at 16:57:46:
I’d recommend you see a local lawyer and get legal advice as to how to sever your relationship and get a judgment giving you the title to the house, subject to your mortgages.
You have made it complicated by holding yourselves out to be H & W, however, as in some states that might amount to your BEING considered H & W under that law.
In my opinion, you need a court decision and final judgment to be recorded, eith declaring you ARE or ARE NOT H & W, and giving you the house and its debts.