Legal Question in Real Estate Law in Arizona
My fiance and I purchased a home in 2006 and in June of 2008 we split up. I left the residence June 2008 and quit claimed to my fiance. As of today December 2010 he has not refianced and has gotten married in April 2010. I am in the process of looking for my own home and I am running into problems with me still being on the mortgage of this home. It has been almost 3 years since I left the residence and 8 months that he has been married. My question is what if any rights do I have on the residence? If something was to happen to my ex do I have any rights at all? Also, is there anything I can do to push him into refiancing? I know that he will not be able to qualify on his own without me and that is why he hasn't done anything. I don't think it's fair that he can still use my name and my information.
1 Answer from Attorneys
The answer to your question depends upon what your agreement was with your fiance. As is most often the case, you probably don't have an agreement in writing, just an understanding that you conveyed your interest in the property to him and that he would make the mortgage payments. So, absent any other relevant facts, you have no rights in the property period (only the liability on the mortgage loan). If something happens to him, you still have no rights.
You have no leverage to force him into refinancing, and given the market value, he may not be able to obtain a new loan, with or without you.
He has no right to use your name and information for any reason, and you have stated no facts about how he is doing so.
You should consult with an experienced attorney and perhaps, you can discover a basis for legal action against him.
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