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


Asked on 11/01/07, 10:09 am

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Mortage / Title Question

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

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.

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Answered on 11/01/07, 11:16 am
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

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.

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Answered on 11/01/07, 3:47 pm


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