Legal Question in Real Estate Law in Georgia

I live in the state of Georgia. Two years ago, my partner left me, moving out of the house of her own free will. I purchased the house in 1986, and put her name on the mortgage in 1993 when we refinanced. After she left, I made all mortgage payments and paid for all upkeep of the house. Now she wants a buy out, and told me if I won't come up with 40% of the home's value, she can get a court petition for the house to be put up for auction.

I have always made ALL mortgage payments in my name, and she paid me by check monthly for half the mortage from 1993-2007. I have NEVER been late with a payment, so how could my house be auctioned off?

I simply do not have that kind of money. She told me to refinance and give her the equity, but I don't won't to extend my mortgage, as the house will be paid off in full in four years. What can I do? HELP! I don't want to lose my house.


Asked on 8/24/09, 4:33 pm

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

If you put her on the deed (as opposed to the mortgage), then you made an irrevocable gift of half the home, and, absent a written contract to the contrary, you and she each own one-half. In a partition, a sale is forced and each person usually gets one-half. Given that you have nopt told us what your written contract with your partner says (and surely you did not do this without one) I can't tell you if the contract may have better news. I'd have to see your written agreement to evaluate that.

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Answered on 8/29/09, 10:05 pm


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