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rvlaw
rvlaw, Attorney-Therapist Mediator
Category: Family Law
Satisfied Customers: 8386
Experience:  Attorney-Therapist Mediator for CA Divorce Mediation Center; over 30 years private practice in NYC.
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I live in Colorado. My boyfriend moved into my house 9 years

Resolved Question:

I live in Colorado. My boyfriend moved into my house 9 years ago. We had a child 7 years ago, and 6 years ago we refinanced the house adding his name to the mortgage. He picked up and left without warning Sept 1, 2008. He now wants me to refinance, which won't be easy in this housing market, and says if I don't he will take me to court so I have to sell. He pays 500.00 a month for our daughter and is paying the second HE took out against the house to pay his bills. Can he force the sale of my home, and put me and his daughter out on the street?
Submitted: 6 years ago.
Category: Family Law
Expert:  rvlaw replied 6 years ago.

Hi, and welcome to Just Answer. Thank you for entrusting me with your legal issue. I will do my best to assist you. During the course of our interaction , I may need some additional information. Also, please keep in mind that while I assist you, I don't know what you already know about the issue unless you tell me.

 

The mortgage is not important..is his name on the deed?

 

rich

Customer: replied 6 years ago.
Yes it is, when we refinanced it put his name first on the deed. He said when he left he would sign a quick claim. He say's he wants nothing from the house. that is has always been mine and expects nothing from it. but at this point I'm not sure if he is still willing to sign a quick claim. would it make a diff. if he did?
Expert:  rvlaw replied 6 years ago.

He can force a sale....so it is better if he signs the quitclaim deed . Plus he will always be liable on the mortgage with you even if he signs over title. Title and mortgage liability are separate and distinct.

 

He can bring an action for partition to force a sale since you are tenants in common of the house.

 

With a "tenancy in common" each owner owns a right to his percentage share to do with as he or she wants...sell, give it away, give it to someone by will. Any tenant in common has the right to sue the other(s) for PARTITION. There is an absolute right to this. The judge orders an appraisal. Then a sale is ordered and the proceeds are divided among the "tenants in common" after the mortgage and other expenses are deducted and adjusted among them.

Rich

Customer: replied 6 years ago.
so if he signs a quick claim can he still force a sale?
Expert:  rvlaw replied 6 years ago.

No...then he is no longer an owner. Only an owner can force the sale

 

rich

rvlaw, Attorney-Therapist Mediator
Category: Family Law
Satisfied Customers: 8386
Experience: Attorney-Therapist Mediator for CA Divorce Mediation Center; over 30 years private practice in NYC.
rvlaw and 7 other Family Law Specialists are ready to help you

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rvlaw
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Attorney-Therapist Mediator for CA Divorce Mediation Center; over 30 years private practice in NYC.