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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33793
Experience:  15 years real estate, Realtor. Landlord 26 years
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Im due 1/2 proceeds on sale of house, but my name is not on

Customer Question

im due 1/2 proceeds on sale of house, but my name is ***** ***** it? what are all the rights do I have? my ex-boyfriend and I moved into a house with promises of me paying 1/2 the mortgage,my name would eventually get on the title, ormortgage. we went in on a VA loan of his. he has moved out and collected after 4 years all the equity on it, without telling me. I have a letter stating , if sold I get 1/2 the proceeds. he moved out and left me a mess. he hasn't talked to me at all, since leaving, I am getting calls from his realtor pushing me into qualifying for a mortgage, which I need more time, im not ready to get qualified. mortgage has not been pd since he abandoned this place.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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If you have a written agreement with ex that you are to receive half the proceeds from the sale of the house, then that would be a legally binding contract as long as ex signed it and you could enforce it in court if he refused to comply with it.

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But if he is wanting to sell the house, then he can legally do so since it is presumably in his name only and is legally considered his separate property even though it is subject to the agreement for you to receive half the surplus proceeds from any sale.

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I hate to lump bad news into this, but you need to know this... If he is the only one on the deed, then he would legally be considered your landlord and could evict through the courts after giving you a 20 day written notice. The court eviction process takes about 3-4 weeks additionally after the 20 day notice expires.

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But he can't do anything until he gives you a written 20 day notice and it expires.

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thanks

Barrister

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