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Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 45508
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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I bought a house with my old girlfriend, but have since moved

Resolved Question:

I bought a house with my old girlfriend, but have since moved out of that home. The old girlfriend still lives at that address. The issue is I would like to sell the house or anything to get out from under this mortgage. She has an outstanding credit cards debt of about $35, 000. This debt is in her name, but I have been an authorized user over several years. I have not put any debt on the cards for many years. Her debt to credit ratio disqualifies refinancing. What options might be available including bankruptcy to resolve the mortgage/credit card debt.
Submitted: 10 months ago via Cornell Legal Info Institute.
Category: Real Estate Law
Expert:  Richard replied 10 months ago.
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.


Good afternoon. Do you want to sell the property instead? Is the value of the house in excess of the loan amount? Thanks.
Customer: replied 10 months ago.

House is upside down. She tried to refinance. Property is in Jefferson County, KY. I paid a credit card debt of $12000 in my name to help.

Expert:  Richard replied 10 months ago.
Thanks for following up. Because the property is upside down, it's not likely any lender is going to be willing refinance it when there is not enough value in the collateral to adequately secure the loan. The only shot you have with a lender is to get the existing lender to modify the loan to its fair market value. Your other options are: i) force your ex-girlfriend to either pay fair market rent or to move out so you can rent it for fair market rental value which would allow to collect rent to pay the mortgage rather than coming out of pocket; or ii) file a suit for partition to force the sale if she will not agree. The result of that suit will be the court will order the house sold. The reality is that in most cases, once the owner fighting the sale finds out the certainty of the result of a suit for partition, that owner typically agrees to the sale without the suit to avoid the costs of the suit.


This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could provide an easier solution, but, I can only provide you information based on the law so that you can act on the best available information to you. ………..I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!



Thank you so much for allowing me to help you with your questions. I have done my best to provide information which will be helpful to you. If I have not fully addressed your questions or if you have any follow up questions, or if I have misinterpreted your questions in any way, please do not rate me yet, but simply ask a follow up question without rating so I can provide you with a fully satisfactory answer. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service with 3, 4, or 5 faces/stars so I can receive credit for helping you today. I thank you in advance for taking the time to provide me a positive rating!

Customer: replied 10 months ago.

Do I receive an email of this communication for filling? Service was excellent

Expert:  Richard replied 10 months ago.
Thanks so much for your reply and also for the kind words. You will see a Share button on the bottom right of your original question box, and if you hover over it with your mouse, one of the options is email. :)
Customer: replied 10 months ago.

I am unable to "share". Is there anotherway?

Expert:  Richard replied 10 months ago.
Thanks for letting me know. Let me contact customer service for you to see if there are other alternatives for you. Unfortunately, under my terms of service with JustAnswer, I'm only allowed to communicate through this forum. As soon as I hear back from customer service, I'll post a reply to you. :)
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 45508
Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
Richard and 6 other Real Estate Law Specialists are ready to help you

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