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Bill Fix
Bill Fix, Family Law Attorney
Category: Family Law
Satisfied Customers: 79
Experience:  Attorney at Fix Law, PLLC
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I"m in A common law with my domestic partner we did a refi

Customer Question

hello I"m in A common law with my domestic partner we did a refi on the house so in order to get the load I had to sign on it so I'm included on it plus we have two cars and both are in our names so does he or can he force me out
Submitted: 4 months ago.
Category: Family Law
Expert:  NYFamilyLawyer replied 4 months ago.

Hello. I’m a licensed attorney with 36 years’ experience. I specialize in family law and appeals, and I have many years’ experience with landlord-tenant issues, employment and contract law. I also have written hundreds of legal articles. I look forward to helping you today.

Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an attorney on this site.

At the end of this session, I will ask you to please rate me as that’s the only way I get credit for helping you today. Thanks! Please note: I want to help you but I may need some additional information from you. Are you okay with rating me? I would really appreciate it!

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Is he trying to force you out now? I'm just trying to understand your question. Thanks!

Expert:  NYFamilyLawyer replied 4 months ago.

Is your name on the deed? It says that you're in common law marriage with your partner -- was this common law done in another state (because TN doesn't have common law marriage anymore)?

Customer: replied 4 months ago.
he say no
Expert:  NYFamilyLawyer replied 4 months ago.

Your name is ***** ***** the deed but it's on the mortgage?

Expert:  NYFamilyLawyer replied 4 months ago.

I have a note here that payment failed, so the customer service will try to work this out with you

Expert:  NYFamilyLawyer replied 4 months ago.

I'll be happy to talk to you on the phone but this has to be worked out with customer service, okay? Thanks.

Expert:  NYFamilyLawyer replied 4 months ago.

Most likely both names are ***** ***** deed as well as the mortgage if you refinanced and he needed your name on the loan to get the loan. That means that he cannot force you out of the house and he cannot make you get out. Is that your question? He cannot make you get out of the house if you both own it. It's likely that your name is ***** ***** deed because your name is ***** ***** mortgage and there would be no refinancing if you didn't have your name on the loan. Because of this, he cannot just get you out of the house, and he can't force you out.

Expert:  NYFamilyLawyer replied 4 months ago.

Here's what you're looking for:

When a mortgage loan is used to purchase a house, the deed to the property is prepared to include the borrower's name.

That means your name is ***** ***** deed too and he cannot just have you out of the house. It's not that simple. You both own it.

Expert:  NYFamilyLawyer replied 4 months ago.

Does this answer your question?

Expert:  NYFamilyLawyer replied 4 months ago.

This request didn't go through either for some reason. It says internal server error, so there could be an issue with payment. Can you contact customer support? I already did on my end. Thanks!

Expert:  NYFamilyLawyer replied 4 months ago.

Apparently this question is still open so if you would like a phone call just let me know. Thanks!

Expert:  NYFamilyLawyer replied 4 months ago.

The question was closed but it looks like it was reopened by Just Answer.

Expert:  Bill Fix replied 4 months ago.

I agree with the other attorney here. If your name is ***** ***** deed, that makes you part owner of the property. He cannot remove you by force could choose to leave on your own. Is your name on the mortgage just to help him qualify for the loan, or were both of you actively making payments on the mortgage?

I'm not sure the official status of your relationship. You said common law marriage, but TN only recognizes that if you moved here from another state that recognizes common law marriage. Plus, you don't achieve common law marriage status just by being together for a certain length of time. You also have to "hold out as being married", which implies that you conducted yourself as a married couple and did things like introducing each other as your spouses.

If you're splitting up, it sounds like you certainly have assets to divide. You will need to decide how to split up the cars and the home, and whatever you may have paid toward the price of the home entitles you to a portion of it...

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