Home Buying in Ontario>Question Details

nicolecain, Home Buyer in Ontario, CA

My boyfriend and i own a house together and he doesnt want to be with me anymore. what are my options?

Asked by nicolecain, Ontario, CA Fri Jul 4, 2014

he hasnt forced me to move out yet, hes just suggested it. he does pay all the bills to the house, but my name is on it also. what are my rights if i move out? because my name will still be on the house? and he cant force me out i dont think?

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Answers

10
Identify an arbitrator both you and he trust.
Both of you need to understand, you must reach an agreement or commit to handing $10,000 to the attorney's.

Isn't that sufficient incentive to find an agreeable solution?

You repeatedly used the word FORCE. You would be well advised to take arbitration action before this escalates to true adversarial, burnt earth, retaliatory, ego driven degeneration of a relationship..
0 votes Thank Flag Link Sat Oct 18, 2014
You are correct if your name is on the deed you cannot be forced out though of course he could make you feel extremely uncomfortable being there to say the least. Ultimately it's going to come down to money, if he want's you to remove your name from the lease he's going to have to buy you out, or you could uy him out or the house could be sold and the money split in some manner. Simply moving out doesn't really solve the problem of two individuals owning one piece of property and not getting along. In my experience the longer this drags on the worse it will become.


You should really speak to a local attorney to explore your options.
0 votes Thank Flag Link Sat Oct 18, 2014
I am sorry but real estate agents are not lawyers. This borders on the unauthorized practice of law. I would consult an attorney immediately.
There are numerous issues that could come up and only an attorney is qualified to help you get what is yours.
I am sure this will upset agents but they don't know or fully understand the consequences involved when you give someone legal advice and things go south.
0 votes Thank Flag Link Fri Oct 17, 2014
Nicole-
There are a few piece of information I need to properly answer this question:
-Are you both on Title?
-Are you both on the loan?

Regardless of who physically pays the mortgage every month, if your name is on the loan, you are equally responsible for it. Therefore, you do not want to walk away, and assume he is going to handle it. Your credit could be ruined for years to come.

Also, if you are on Title, again, regardless of who pays the loan every month, you have equal rights to the property, and should not be forced out.

Your best option might be for the two of you to sell the property, and divide the proceeds appropriately. If the relationship is heading in the wrong direction, your best bet is to cut your losses, and not be financially tied together for the long-term.

Good luck to you, and please let me know if you need any assistance!

Nicole Fedorchek, Realtor
Tarbell, Realtors
714-914-5097
realtornicolef@gmail.com
http://www.nicolefedorchek.com
0 votes Thank Flag Link Thu Jul 24, 2014
There is not enough information to go on, but I think I get the picture. Are you on the loan? Did you help with the downpayment, etc? What do you want to do? If you think your relationship is over... it is probably best to get out of the financial obligation by either having him refinance and buy you out or sell the property.

Best of luck,

Alex Montelongo/Broker
Coldwell Banker Star Realty
562-810-7387 Cell
BRE LIc #01456982
0 votes Thank Flag Link Thu Jul 17, 2014
Sorry to hear about your situation.

Having your name on the house is not a problem, unless it is upside down. Being on the mortgage may be an issue though.

Here is the thing, property values have gone up. It may be that he could refinance and cash you out. If it is time to move on, it is much easier if you have some cash.

Let me know if I can be of any help, you can click on my picture and get my contact information.
0 votes Thank Flag Link Tue Jul 8, 2014
Don't leave the house till you speak with an attorney.
0 votes Thank Flag Link Tue Jul 8, 2014
Contact an attorney, they would be able to give you advice.
0 votes Thank Flag Link Tue Jul 8, 2014
You live in California, so even without knowing how you took title to the house, you have a 50% ownership in the property. Speak to an attorney, but either your boyfriend is going to have to buy out your share if he wants to continue owning and living in the house or it's going to need to be sold and the profit's divided equally. Unmarried couples should really think long and hard before going in together on the purchase of real estate. While the relationship is amicable discussions and plans should be put into place in the event the relationship ends that address what will happen with the property and how it will be handled.
0 votes Thank Flag Link Sat Jul 5, 2014
You really should be discussing with an attorney, he/she can better advise as to your options....
0 votes Thank Flag Link Sat Jul 5, 2014
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