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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 29028
Experience:  Lawyer
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I live in North Carolina and last year I refinanced my

Customer Question

I live in North Carolina and last year I refinanced my property in my name only due to beacon score issues, my girlfriend was on the last original note however, we are now separating she doesn't want to leave the property and I recently lost my job and she has the means to move and she's the one that wants to leave. my Question is since I refinanced in my name only last year does she have any rights to the property and at all and could she be evicted from the property due to this. and I have been paying the mortgage since 2003 she has not paid and funds towards it but has paid the utility bills which is about 1/4 of the total operation expenses and all of the utilities are in my name only. she suggested a buyout of the property need some advice on how this will happen and options. so we could avoid a major concern she did put down 10,000 on the original down payment and I 27.000 home are selling for 200,000 in my area and theres a 130,000 new note left on the refinance one more thing we are not legally married.
Submitted: 1 year ago.
Category: Legal
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

What's relevant here is whose name is ***** ***** title, not just the mortgage. If you issued a new title when you refinanced that said you're the sole owner of the property, then she's legally considered your tenant and you can ask her to leave by serving her with seven days written notice prior to the end of the month. N.C. Gen. Stat., Section 42-14.

If both names are ***** ***** property, you can file a Petition for Partition, which would mean that, if you can't agree, the judge would order the property sold and the equity split equally between you. The judge can't say that one of you gets to stay and the other has to leave if you both want to be there, because you have equal rights to be there. Note that in this scenario, she can't make you move out without a court order, either.

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