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RONB-ESQ
RONB-ESQ, Lawyer
Category: Real Estate Law
Satisfied Customers: 357
Experience:  Right of Way Manager at Access Midstream Partners, LP
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About 6 years ago I decided to purchase a home going through

Customer Question

About 6 years ago I decided to purchase a home going through owner finance. Since I owe back pay in child support, I was no able to put the home in my name and put it in my fiancee name. It was always understood that the home did belong to me between my ex and I, A year ago we separated and we on the same page that the home would either stay in her name until the 15 year term was completed. On June 2015 she asked for the home to be removed by July 2016 or sooner. My thought was moving it to my moms name. Only concern was having the Owner/Grantor to agree with the name change and leaving the terms as they are..just a name change. He has agreed with this and not asking for any other downpayment, just continue with the 15 year term. I let me ex know that we could o the name change by January/February 2016 so I could have the funds for the closing cost and in case in other cash was needed for the process. She has now asked me about $9000.00 in debt that some of her accounts that went to collections and late fees and such added up during a phone call around the end of November 2015. She made it clear that she wanted those accounts paid off or she would not sign the house over, threatened to get me kicked out, sale the home, or even just sign over the house back to Owner free and clear to him. At the time I was not aware of my rights and agreed that I would to make sure I could keep the home and was afraid that she would just give the home back to the Owner and I would lose everything I have put into this home. She also demanded that for this to be done by February 1st 2016 or she would just give the home back to the owner. I explained I would at least need till the end of February or March to come up with money but made it clear she wants it done Feb 1st no later. Once again i agreed so I it would by me the time. There was never an agreement for me to pay those accounts, there were 2 accounts in her name that we agreed I would pay off. Since we broke up and she left October 2014, I have provided receipts for those 2 accounts along with paying the mortgage and house insurance. I have not been able to come up with the money for is requesting. I am going to ask for an extension till at least middle March 2016. The owner is good with the transfer but is aware that my Ex will not sign unless she gets that money/accounts paid off. My question is once I talk to her for the extension, she might just say no and ask me to leave the home so she could sale it herself or just give the house back to the Owner. I do not mind paying this money to her so I would not lose the home, just need more time. Us being separated for this last year or so, maybe her friends/boyfriend/family have probably told her she should at least get something. We were not married, but would consider us Common Law Marriage. At this point, what rights do I have? If tells me to leave or brings the cops over, would i have to get out right then and there? What if she gives the home back to Owner? Will the owner be able to bring the cops and get me out if he does not want to deal with me or pass the home over? This process was done through a title company and there is deed. My name is ***** ***** any of the paperwork. The real estate agent representing the owner in the process was aware of what we were doing and asked for some of my income to present to the owner since my EX was not really making income at the time. Also, I was the buyers agent for my EX since I am a real estate agent. The commission I was suppose to earn went straight towards the downpayment. Any help or info would be appreciated.
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  RONB-ESQ replied 10 months ago.

Hello my name is ***** ***** I am a licensed attorney. I welcome you to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. The question and response may be viewed by other parties as noted in JA’s terms of service. By continuing, you confirm that you understand and agree to these terms.

Expert:  RONB-ESQ replied 10 months ago.

Give me a few minutes to review the details and I will be working on your answer do note I type a little slow so it may be 5-10 minutes. Do know that I am reviewing the law and/or typing your response. Also if you see a note about a phone call that is automated. I can do a phone call, but I am happy to continue right here.

Expert:  RONB-ESQ replied 10 months ago.

Some times it falls on me to provide information that may not be the most favorable to the customer, but do note I have a professional obligation to provide you the most accurate answer I can so you know your rights and can act on them.

Are you online with me? If so feel free to reply here and we can go back and forth with a conversation until your question is answered.

If I correctly understand the facts your ex-girlfriend is the only party on the deed to your home due to your back child support and the potential of a child support lien. Please correct me if that is wrong.

That being the case yes she could go through the typical eviction process. She would need to provide you 3 days notice to vacate and could then start the eviction filing. Then a constable would serve you with the notice of a hearing on the eviction no sooner than 5 days after you are served. At the eviction proceeding she is only required to prove that her right to title is superior to yours. There is the ability to appeal so it can be delayed for a period of time, but to answer your question she can do that or if she deeds it back to previous owner he can also use the eviction process.

Have you considered filing for divorce and claiming that you had an informal marriage (common law marriage). You would need to show the following

An informal or common-law marriage exists in Texas if the parties (1) agreed to be married, (2) lived together in Texas as husband and wife after the agreement, and (3) there presented to others that they were married. See Tex. Fam. Code Ann. § 2.401(a)(2) (West 2006). You would definitely be entitled to an equitable portion of the homes value no matters who's name is ***** ***** deed.

Let me know your thoughts and any follow up questions you have for me.

Regards,

Ron

Expert:  RONB-ESQ replied 10 months ago.

It appears you are not online or where you can respond back quickly so I will provide some extra information. If you elected to file for divorce and could show the 3 elements required then you would be entitled to basically 50% and could seek reimbursement for funds that you paid such as taxes, insurance & mortgage costs. It would not be the best outcome, but it would be better than losing everything. Another non legal option might be to get a loan from friends or family to pay her required amount and knowing you can file for divorce and she would then likely need to pay an attorney you might have some leverage to negotiate the amount lower.

Does that answer your question? If so thank you in advance for providing me positive feedback as that is the only way I am credited for answering your question Do note that after leaving positive feedback you are welcome to reply here with as many follow up questions as are needed to answer the question you posted for free.

Regards,

Ron

Expert:  RONB-ESQ replied 10 months ago.

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Expert:  RONB-ESQ replied 10 months ago.

I wanted to let you know that I had the Internet go down in my neighborhood. I am not sure it will be up tonight I am on my iPhone now. Feel free to reply here and I will reply when I am online tomorrow about 1:00 PM CST.

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