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My ex girlfriend is on my mortgage but I am the one living…

Customer Question
Hi my ex girlfriend...

Hi my ex girlfriend is on my mortgage but I am the one living in the property and has been paying the mortgage

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

No I want to refinance to get her off mortgage and title but she is demanding I pay her for half of the equity. Can I sue her for non payment of mortgage or how Can I get her off title without paying her?

Lawyer's Assistant: When we are ready I'll take you to the appropriate web page.

Florida

Lawyer's Assistant: Has any paperwork been filed?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don’t want to lose my house so any option to help would be appreciated

Submitted: 7 months ago.Category: Real Estate Law
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Answered in 24 minutes by:
11/24/2017
Real Estate Lawyer: KLAW, Arbitrator replied 7 months ago
KLAW
KLAW, Arbitrator
Category: Real Estate Law
Satisfied Customers: 2,289
Experience: I have over 20 years of experience in commercial real estate law, finance, consumer credit, landlord tenant, and business law.
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Hello and welcome to Just Answer. No attorney-client relationship or privilege is formed by speaking to an expert on this site, the answers are for general information. By continuing, you confirm that you understand and agree to these terms.

If your ex girlfriend is actually on the deed, then she legally owns part of the property. Legally, removing her from title is a much bigger issue concern than just refinancing the loan.

In an ideal world she would sign a quite claim deed to you conveying her interest and then you could refinance the property to remove her from the note/deed of trust.

However, since she claims part ownership you may have to file a partition suit to compel a division based upon your rights and to have the court factor in the actual money you placed into the property.

In Florida Chapter 64, Florida Statutes governs partition actions. Partition actions are difficult are not something you can do yourself.

Under Section 64.081, Florida Statutes you should be entitled to have you have your attorney’s fees granted by the court against her. While your ex appears to very stubborn, many times an attorney’s letter that methodically outlines for him the consequences of her actions if you need to pursue a partition action will likely bring her around and avoid the need for a partition action, and walk away from the property.

However if you do file an action then you will receive reimbursement for all the money you put into the property, and any use and occupancy of the property, and payment for the ongoing costs and expenses associated with ownership and maintenance of the property, including repairs, taxes and insurance that you have incurred.

I hope this clarifies.

It was a pleasure assisting you today, and I would appreciate if you would rate my service, so I will receive credit and payment for my work. After you rate the question you can ask follow up questions, and you will not be charged any additional money for the follow-up questions.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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