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Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33757
Experience:  15 years real estate, Realtor. Landlord 26 years
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My ex girlfriend and I purchased a home together in June 2012,

Customer Question

My ex girlfriend and I purchased a home together in June 2012, both of us are on the Deed. I had the good credit score and she had the good job. 09/2014, our relationship was ending (she found a new partner) she was becoming abusive. 10/7/2014, I had to call 911. The police officer took both our statements, and at the discretion of the officer my girlfriend was arrested on a Emergency Protective Order. Due to a restraining order, she has not returned to the home. For the past 2 years I have been the sole financial provider and up keep on the property. In addition to the financial strain I have incurred, my credit rating has been severly damaged due to a car I cosigned for her, which she has neglected to keep up to date. I have now been served with papers to sell the home. Yet due to my damaged credit score I am unable to rent / lease an apartment or home. HELP!!! What can I do to stay in the home?!?!?!
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Barrister replied 6 months ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question..I am sorry to hear that you are in this position with the ex. Unfortunately since she is on the deed to the property, she is legally a half owner and anyone with an interest in the property can file a legal action for "partition" which is where a judge orders a sale of the property..This is an absolute right that can not be denied so there is not a legal way for you to stop it from being ordered by the judge. However, you can argue to the judge that since you have paid the entire amount of any mortgage and other expenses for the property, half those costs should be deducted from her half of the proceeds of the sale and be reimbursed to you...The only ways to stay in the house would be to 1. Buy it at any auction, which might not be an option if you have poor credit and a lender won't back you or 2. get the new buyer to agree to rent to you. But if you have been making the payments for the last 2 years and can prove it, the lender may agree to back you even if you have poor credit because you have been paying them...If you are having trouble finding an apartment/house, then your best option is to find a smaller private landlord, not a corporate one, who is less concerned about credit scores and more about your income and proof that you can afford the rent. Then you be completely honest with them about your situation. As a landlord myself for over 26 years, I am much more likely to give someone a break if they are up front with me about their situation and my main concern is that they can afford the rent, keeping the ratio around 30-35% of their take home pay....thanksBarrister
Customer: replied 6 months ago.
Your reply to buy at an auction? How does that work, if I can possibly get a lender to back me and purchase the home at auction, the home currently has a referee assigned and he is very aggressive in wanting me to let him in the home to take pictures and list the property.
Customer: replied 6 months ago.
Also, I do not recall being "served" the notice to appear in court and I was found in default. How do I go about requesting to provide proof of service?
Expert:  Barrister replied 6 months ago.
It depends on what your ex is moving the court for with regard to a sale.. She can ask the judge to order it listed with a realtor or that it is sold at absolute auction... So if the judge orders it to go to auction, then it would go to a public auction where anyone can bid on it and the high bidder will buy it as long as they bid at least what is owed on any mortgage..And unless the referee has a court order signed by a judge, you can safely ignore him..As for service of process, the proof of service would be in any court case file, which is a public record, so you can contact the clerk of the court to get a copy of the entire case file, which would have the proof of service in it...thanksBarrister

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