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pakowitz 
LSU Fan
Scott, LA
Member since Jul 2005
2067 posts
| Another Real Estate Question (Posted on 2/12/13 at 11:02 pm)
my ex girlfriend and I bought a house together last year and we broke up recently. After the breakup, she moved out. She has refused to make any payment toward the Mortgage and I have been paying it on my own for the last few months. Is there any recourse I can take to get 1/2 of my money back from her or am I just out of luck and will have to keep paying it on my own if i don't want to ruin my credit?
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lsubandmom
LSU Fan
Lafayette
Member since Oct 2007
784 posts
| re: Another Real Estate Question (Posted on 2/12/13 at 11:50 pm to pakowitz)
If you both signed on the mortgage, you are both responsible. She will always be responsible unless you refinance without her. If she isn't going to assist you in paying the mortgage, I would see about having her sign over her interest in the home to you. If it is too much for you to handle on your own, you may need to sell it. Did you get 100% financing or did either of you put money down for the purchase? You both will be responsible for any deficit if selling it doesn't pay off the mortgage. Good luck and if you need any help, let me know - I work in real estate in Lafayette.
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pakowitz
LSU Fan
Scott, LA
Member since Jul 2005
2067 posts
| re: Another Real Estate Question (Posted on 2/12/13 at 11:59 pm to lsubandmom)
thanks for the response.
I was told by someone that because I am still living in the home and she chose to move out, that I would be the one responsible for the mortgage payments.
Do you know if this is true?
If we ended up selling the house for less than would cover the mortgage would she end up having to pay more then me?
Thanks again!
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NC_Tigah
LSU Fan
Member since Sep 2003
40234 posts
| re: Another Real Estate Question (Posted on 2/13/13 at 12:02 am to lsubandmom)
quote:
If you both signed on the mortgage, you are both responsible. She will always be responsible unless you refinance without her. If she isn't going to assist you in paying the mortgage, I would see about having her sign over her interest in the home to you. If it is too much for you to handle on your own, you may need to sell it. Did you get 100% financing or did either of you put money down for the purchase? You both will be responsible for any deficit if selling it doesn't pay off the mortgage. Good luck and if you need any help, let me know - I work in real estate in Lafayette.
quote:
pakowitz
Listen to bandmom.
and hopefully you either got a really good purchase price, or she signed papers with you.
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lsubandmom
LSU Fan
Lafayette
Member since Oct 2007
784 posts
| re: Another Real Estate Question (Posted on 2/13/13 at 12:48 am to pakowitz)
No, you are both responsible if both signed. The lender doesn't give a flip who is living in it. If she signed, she promised to pay. Hopefully you would be able to sell it for enough to pay off the mortgage but if not, you would need to talk to your lender about a short sale unless you are able to come up with the difference. Depending on the lender, they may hold you both responsible for the difference or they may write it off. It isn't split in any way, you are both responsible for the full amount. A short sale will show up on both your credit report and hers, but not as bad as a foreclosure.
You are going to need for her to cooperate with you on the sale of the house and a short sale if she is on the deed.
This post was edited on 2/13 at 12:51 am
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Crimsonsaint24 
Alabama Fan
Alabama
Member since Jul 2011
456 posts
| re: Another Real Estate Question (Posted on 2/13/13 at 5:43 am to pakowitz)
This is a example is she did sign it don't buy a house until you are married or damn well sure she is the one. It will be a fun ride if she is on the mortgage maybe she will cooperate. I wish you the best of luck!
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yellowfin 
Illinois Fan
Paige is Pretty
Member since May 2006
51985 posts
| re: Another Real Estate Question (Posted on 2/13/13 at 7:09 am to pakowitz)
If she's listed on the mortgage her credit will be ruined too. It's a little late but buying a house with someone you aren't married to has got to be one of the dumbest things you can do.
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I Love Bama
Alabama Fan
Alabama
Member since Nov 2007
27175 posts
| re: Another Real Estate Question (Posted on 2/13/13 at 8:34 am to yellowfin)
quote:
It's a little late but buying a house with someone you aren't married to has got to be one of the dumbest things you can do.
Mind boggling really. If op would have asked anyone's opinion he could have saved lots of money and heartache.
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bryso 
Clemson Fan
The Real Death Valley
Member since Dec 2006
26779 posts
| re: Another Real Estate Question (Posted on 2/13/13 at 9:14 am to pakowitz)
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bryso
Clemson Fan
The Real Death Valley
Member since Dec 2006
26779 posts
| re: Another Real Estate Question (Posted on 2/13/13 at 9:17 am to pakowitz)
quote:
I was told by someone that because I am still living in the home and she chose to move out, that I would be the one responsible for the mortgage payments.
if that were the case people would just move out of houses so they dont have to pay the note
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nikki6 
New Orleans Saints Fan
Dallas
Member since Jul 2011
1582 posts
| re: Another Real Estate Question (Posted on 2/13/13 at 11:33 am to bryso)
I bought a house with my gf, but we're not allowed to be legally married, otherwise we would be. We did get a lawyer and had a joint tenancy with right of survivorship agreement written up. If we ever break up, we'll probably sell the house unless one of us buys the other out. We put down equal downpayments as well. Luckily for us, we've been together almost 8 years now and it's still awesome, and we live in an area of Dallas that is desirable right now. If we had to sell, we wouldn't lose any money on the house. We'd actually both make a little profit.
But back to OP. If we could legally be married, like your girlfriend and you, we would have done so before making such a large purchase. Even if you can afford to make the payments and keep the house, her name is still on the papers. She owns half and if you ever do sell down the line, she will be entitled to half, even though she didn't contribute financially.
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I Love Bama
Alabama Fan
Alabama
Member since Nov 2007
27175 posts
| re: Another Real Estate Question (Posted on 2/13/13 at 1:01 pm to nikki6)
Is gf code for bf? I'm confused
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AUtigerNOLA 
Auburn Fan
New Orleans, LA
Member since Apr 2011
5142 posts
| re: Another Real Estate Question (Posted on 2/13/13 at 1:07 pm to I Love Bama)
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Powerman
LSU Fan
Corpus Christi, TX
Member since Jan 2004
115791 posts
| re: Another Real Estate Question (Posted on 2/13/13 at 5:21 pm to I Love Bama)
quote:
Is gf code for bf? I'm confused
nikki is a girl's name
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NC_Tigah
LSU Fan
Member since Sep 2003
40234 posts
| re: Another Real Estate Question (Posted on 2/13/13 at 6:27 pm to Powerman)
quote:
nikki is a girl's name
This post was edited on 2/13 at 6:30 pm
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nikki6
New Orleans Saints Fan
Dallas
Member since Jul 2011
1582 posts
| re: Another Real Estate Question (Posted on 2/13/13 at 7:14 pm to NC_Tigah)
Uh, I didn't think I'd have to spell it out. Nikki is indeed a girl's name and I mentioned that it wasn't legal for my gf and I to get married, hence why I bought a house with my gf and not my wife. Unlike op, I had no choice, but we still tried to take some legal actions to try and protect ourselves.
Get it now?
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I Love Bama
Alabama Fan
Alabama
Member since Nov 2007
27175 posts
| re: Another Real Estate Question (Posted on 2/13/13 at 9:44 pm to nikki6)
I think you're the first resident lesbian. Hit me up on gchat and let's talk about it.
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bryso
Clemson Fan
The Real Death Valley
Member since Dec 2006
26779 posts
| re: Another Real Estate Question (Posted on 2/13/13 at 9:48 pm to nikki6)
quote:
I bought a house with my gf, but we're not allowed to be legally married
ok.. you're jerkin that spinner bait just right... i'll bite...
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bryso
Clemson Fan
The Real Death Valley
Member since Dec 2006
26779 posts
| re: Another Real Estate Question (Posted on 2/13/13 at 9:49 pm to I Love Bama)
quote:
I think you're the first resident lesbian. Hit me up on gchat and let's talk about it.
hawt damn
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Fat Bastard
New Orleans Saints Fan
Paradise
Member since Mar 2009
13493 posts
| re: Another Real Estate Question (Posted on 2/13/13 at 10:24 pm to yellowfin)
quote:
It's a little late but buying a house with someone you aren't married to has got to be one of the dumbest things you can do.
^^^^^^^^^^^^^^^THIS^^^^^^^^^^^^^^^^^^^^^^^^^^
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