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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I bought a house with my girl friend some years ago. We broke

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I bought a house with my girl friend some years ago. We broke up and I moved out about 4 years ago. She stop paying the mortgage and is just leaving free right now. It is destroying my cedit and I can't move on with my life. I would like to by somthing but I can't. She refuse to do a short sale. Her plan is to stay in the house until the forclose on it and then she is going to file bankrupcy. My question is, since my name is XXXXX XXXXX the house can I move back in? This is the only way I can get her to consider a sale. Or can I get my name off the house?

Thank you for your question.

That is a very good question. Legally you are as much an owner of the property as she is. You CAN move in, but only if she lets you back in (the reason is because if you moved out and gave her full rights to the premises, she as the main tenant can keep you out of the premises. But if you move in when she is not home and re-enter, she will not be able to stop you as she will not be there to do so. As for getting the name of the home, you can only do so via both a quit-claim deed AND convincing the lender to drop you off the obligation (since removing your name from title without removing your name for the mortgage will continue to impact your credit, make you be liable for the debt anyway, and will just not have you have ownership interest in the property).

Good luck.

Customer: replied 4 years ago.

If I move in while she is not there (my daughter let me in) and she call the police to remove me, what do I say to them? Can they make me leave? If we do a quick deed I will still be responsible for the debit and it will still be on my credit?

Thank you for your follow-up.

If you are physically present, all you need to state are two things:
1. You are part owner, and potentially show a copy of deed stating so AND
2. You entered peacefully, with consent, and as owner, without violence or threats.

If you do that, the issue becomes civil as it is not trespass or domestic violence, and the police will not be able to remove you from the premises.

A quit-claim deed DOES NOT terminate your financial obligations--you still remain responsible for the debt under the property, and it will still remain under your credit.

Good luck.

Good luck.

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