Legal Question in Real Estate Law in Florida
My boyfriend and I are both on the deed of our home that we purchased together. He got the mortgage is his name only (because of my credit) he now want out of the relationship and is telling me to "pack my bags and move out" because my name is not on the mortgage. What legal rights do I have, he cannot make me move out can he, because I am 1/2 owner? Am I right?
3 Answers from Attorneys
If your name is on the deed, then you are 1/2 owner. It does not matter what the mortgage says.
If you bought the property together, and you didn't sign on the mortgage at or after the purchase, then there is a defect on the mortgage. The mortgage doesn't affect your 1/2 interest. Also, if your boyfriend wants to sell the property, he can't sell all of it without you. So there are so problems.
As to the result, if the parties cannot agree, then they can go to court and force a partition of the property. But then, you are compensated for it.
Just tell him....Sorry Charlie...I'ma staying.
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