Legal Question in Real Estate Law in Arizona
Bought house w/ boyfriend, now its over...what to do with the house??
I bought a house with my now ex in may. Now he wants me to sign a quit claim deed and get out. Neither of us could qualify for the house initally without the others income. He thinks for some reason he can refinance and get my name off the loan, however I want to sell the house. I do not want to sign my rights to the house over to him with out some compenstation for giving up my share in the house. He is unwilling to do any such thing. He did offer to do a debt consolidation refinance and would roll some of my debt into the house if I sign the quit claim deed but I do not believe him and am not sure if he could even do that. What would you advise me to do other than never buy a house with someone you are not married to? Thank you.
1 Answer from Attorneys
Re: Bought house w/ boyfriend, now its over...what to do with the house??
This is a common problem. You are not by any means the only one who has gotten yourself into this. It is solveable, also.
The court has authority to order a sale of the house, and an equitable division of the proceeds. You cannot be forced off the title. But there are many facts and issues that need to be addressed before you can adequately be advised. You need to consult with an attorney. We have pending cases similar to yours, and have recently concluded one. It may be that a court action can be avoided by settlement in advance if you have your own attorney. If you represent yourself, your boyfriend (ex) will continue to believe that he can dictate what will happen. Have no other conversation with him about this until you see an attorney. We offer free, no obligation consultations in person to more fully analyze the case, view documents, answer all questions and advise you. Call 480.835.1500 to arrange, or see another attorney. Bring all your deeds, loan, escrow papers, etc. which you have with you.
Best regards,
James D. Jenkins
p.s. Here's the real rule: never enter into a partnership (house ownership, business, etc.) without a written contract which spells out the rights, obligations, and remedies of the parties. If you have to take it to court for breach of the agreement, it is then an action on a written contract, and the prevailing party can claim attorney fees as well as court costs.