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RealEstateAnswer
RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 16188
Experience:  7+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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Hello, my name is XXXXX XXXXX deed of the house and the loan Is

Customer Question

Hello, my name is XXXXX XXXXX deed of the house and the loan
Is in her name. Now we have broken up. She say I have to
Move out the house. Can she kick me out?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. I certainly understand the situation and your concern. Is this women your wife or just a girlfriend? When the home was purchased, why was her name not placed on the deed?
Customer: replied 1 year ago.
Girlfriend. Her credit was higher than mine at the time. She apply for the loan so we can get a better rate. I paid for the closing cost. An she put my name on deed just in any case. We never got married. But she has a boyfriend that come over when I'm a work . Can I stop him from coming in my house also?
Expert:  RealEstateAnswer replied 1 year ago.
Thank you for the additional information. Her being on the loan, only makes her liable to the lender, to pay the mortgage each month. It does not give her any legal interest in the home. Being on the deed/title does give that person(s) a legal right/interest. As such, if you are on the deed to the home, you have every legal right to stay there and she can not kick you out. If she wanted you out, she would have to go through the eviction process and show the court there is a legal basis for which you no longer have a right to stay. Seeing how you are on the deed, this may be hard to prove, when legally it is your home.

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RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 16188
Experience: 7+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
RealEstateAnswer and 9 other Real Estate Law Specialists are ready to help you
Expert:  RealEstateAnswer replied 1 year ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!
Customer: replied 11 months ago.
She moved my belonging and put them in storage. I call the police and they said I don't have any business in my own home cause I stayed at a friend house. She told them I moved out and abandon my home. Now she has her boyfriend moving in. The police said I cannot go to the house anymore under abandonment. That's NC law. They said I can't come and go whenever I feel like it. I told them that afraid to sleep there because she keeps beating me. She wants me to hit her back so she can have me arrested. She trying to set me up. That's why I'm afraid to sleep in the house. So I stay with my brother and friends. Feeling homeless and used.
Expert:  RealEstateAnswer replied 11 months ago.
I understand how hard this can be. Since your name is XXXXX XXXXX the title, you have a legal interest in the home. If she going to continue to pay the mortgage each month?
Customer: replied 11 months ago.
Yes, she just told me to don't come back. She and her boyfriend are getting married. What can I do legally? I'm afraid to go home just to be arrested
Customer: replied 11 months ago.
You replied
Wednesday, September 04, 2013 3:32 PM EST
Yes, she just told me to don't come back. She and her boyfriend are getting married. What can I do legally? I'm afraid to go home just to be arrested

Expert:  RealEstateAnswer replied 11 months ago.
At this point, you do have a legal right to your possessions, so you should ask her to allow you access to the storage unit, where they are. Moreover, you can proceed through the court and ask the Judge to order a forced sale/ partition of the home. Since you are on title, you have an ownership interest and unless the Judge is going to allow you to stay there and sign an order, you should either 1) ask her to buy you out or 2) ask the Judge to sell the property.

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