Legal Question in Real Estate Law in California
In 2008, I purchased a home in CA. with my girlfriend. She is gone. How do I get my ex-girlfriend off the title of my home?
I purchased a home in 2008 with my girlfriend. I made $95K a year, she $32K. In 2011, I was laid off but paid mortgage on my savings & severance. June 2011, relationship desolved, she moved out and refused to pay toward mortgage. Home went into default. Aug 2011, I began working and started a new relationship. Home was scheduled for auction. Ex refused to pay still. Default balance was $31K. I had $15K and my new fiancee put up $16K and we saved the home. I married in late 2012. My ex moved to Colorado and has not paid a dime toward mortgage since June 2011. In 2012, she said she wanted $10K to sign over title. I didn't have $10K. How do I get her off the title? I do not want to sell my home. She abandon the home.
Additional information, my ex and I financed the home together when we purchased it in 2008. Can I file abandonment paperwork? I also have hand written letter from her stating that she was leaving the home. Or, can my current wife sue my ex-girlfriend for half of the $16K she put up to save the home? At the time the house was going to auction, it was under water. Had I lost the home, my ex and I might have be liable for mortgage balance to value. I see it as my wife and I saved her from financial hardship by my current wife having to put up the money my ex should have paid if she wanted to keep her investment. Again, I do not want to sell my home. I have invested a lot into my home. As stated, my EX wanted $10K as buy out. My argument is the $16K my current wife put up to save the home was her buy out. Surly an ex spouse, girlfriend or partner cannot abandon a financial responsibility while the other pays and expect half the sale of the home or expect the home sold? Or can they?
1 Answer from Attorneys
No you cannot simply file "abandonment" paper work -- there is no such thing. You will need to hire an experienced attorney to file a "Quiet Title" action, have a Court supervised accounting and/or secure a Court Order based in equity to clean up the mess. This is something you should have done long ago during the foreclosure process, but should do ASAP since your Ex is essentially accruing increasing value in the appreciation in your house. I have fought these types of cases and in addition to being an attorney for 17 years, I am a real estate broker -- i.e., I am expert in these areas. Contact me for free consultation and we can put together a plan that will achieve your goal -- i.e., perfecting title of the house in your name alone.
Resume available upon request.
Christopher Brainard, Esq.
CA Attorney/RE Broker
Tel: 310.266.4115 Email: [email protected]
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