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Ellen
Ellen, Lawyer, Consultant
Category: Legal
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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My partner and I bought a house and land in 1998 and now ...

Resolved Question:

My partner and I bought a house and land in 1998 and now after 15 years we are no longer together. The home is in both our names. We refinanced at the end of 2006 and broke up start of 2007. The house was appraised at $225,000.00 at that time. Now that I am no longer there and she is paying the mortgage she figures I have nothing coming from the house? Is this true?
Submitted: 8 years ago.
Category: Legal
Expert:  Ellen replied 8 years ago.

Hello,

Thank you for directing your question to me. I am happy to assist you.

Generally speaking and based only on the information contained in your post you continue to have an ownership interest in the property. This ownership interest continues whether you live in the house or not. Your ownership interest can terminate by sale, written agreement or court order.

If you have any additional questions that you would like me to assist you with, you can start your question off with: This question is for FLANDNYLAWYER.

Please CLICK ACCEPT so I can receive credit - Bonus = job well done.

THIS IS FOR INFORMATION ONLY. NO ATTORNEY-CLIENT RELATIONSHIP EXISTS. PLEASE CONSULT A LAWYER IN YOUR STATE FOR LEGAL ADVICE
Ellen and 10 other Legal Specialists are ready to help you
Customer: replied 8 years ago.
Reply to FLandNYLawyer's Post: I realize I still have interest as long as my name is XXXXX XXXXX house. What I wanted to know is is there a percentage of the amount the house is worth that I have coming from her?
Expert:  Ellen replied 8 years ago.
Can you tell me exactly how the title is worded?
Customer: replied 8 years ago.
Reply to FLandNYLawyer's Post: The mortgage has both our names on it
Expert:  Ellen replied 8 years ago.
OK but I need to know what the deed says exactly to specifically give you the percentage. Without that info I can only tell you that you still own it.
Customer: replied 8 years ago.
What deed? We are paying a mortgage on the property...Doesn't the mortgage co. have the deed until we pay it off? This is a 50/50 ownership. We lived together
Expert:  Ellen replied 8 years ago.
Here is a simple and clear explanation of the difference:
http://www.lowrefi.com/Mortgagevs.DeedofTrust

If you cannot find the deed look at your Owner's Title Insurance Policy or the Mortgagee's Title Insurance Policy (if you have a copy) .
Customer: replied 8 years ago.
Sorry! I don't have a copy. I guess I was figuring this was a simple question and I guess it wasn't. Thanks I guess you can have the $30.00 for wasting your time
Expert:  Ellen replied 8 years ago.
If you find the copies you can direct your question to me. I will assist you further at that time if you would like. I need for you to click ACCEPT otherwise I do not receive payment.

Best wishes.
Ellen and 10 other Legal Specialists are ready to help you