Legal Question in Real Estate Law in Georgia
Loan in one name, house title in both names
I purchased a home 3 years ago with my partner at the time. Since we broke up, (two years ago) she has not always contributed to the mortgage payment. It is now two months behind. She told me that she would give me her part this month, but she didn't. Therefore, I had to make the whole payment. She is also moving out and is planning not to give me any more money. The loan is in my name, but the title is in both names. Is she legally suppose to continue to pay until the house is sold. She will not sign the title over to me. If she is suppose to pay and she doesn't, what legal rights do I have?
Thank you in advance for all your help.
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2 Answers from Attorneys
Re: Loan in one name, house title in both names
Since the loan is in your name only, she is not obligated to the mortgage holder. However, you have a claim against her for her share for the time she lived there. Consult with a local attorney.
Re: Loan in one name, house title in both names
If the loan is in your name, you alone are responsible to the lender for the entire amount of the debt. You may have a seperate claim against her for any promises she made to pay, but that would not involve the lender and would not prevent a foreclosure. If the house is sold, she may have a right to half the equity as a co-owner (with no obligation to the lender to pay). It may be the case that you simply have a money claim against her, but without documentation it is a tougher case. This is definitely a situation that requires a review of all documents, relevant dates of all deeds, and promises and agreements made. Good luck with it, and contact me if you want to discuss.
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