Legal Question in Real Estate Law in Florida
Mortage / Title Question
Hello,
My questions is, my name is the only name on the mortage because my girlfriends credit score was not up to par, I put her name on the title of the house because I thought it would help her credit score. It has been 5 years and our relationship is ending, what legal rights do I have as a homeowner, can I sell the house without her signature, can I ''evict'' her or is she legally ''half'' owner?
Thanks
2 Answers from Attorneys
Re: Mortage / Title Question
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She is legally the half owner of the property. As such, you cannot evict her from the residence. By placing her name on the title you effectively made a gift to her of a one-half interest in the property.
If the parties cannot agree on a division of the property, your only option now is to file a suit for partion of the property. The court will then make a decision as to the ownership interests of each of the owners and order the property sold if one cannot buy out the other.
Scott R. Jay, Esq.
Re: Mortage / Title Question
Ah, the power of love. She is legally a half owner. You cannot evict her. You cannot forge her name on a deed.