Legal Question in Real Estate Law in Indiana
My friend is not married but in a long term relationship that is ending. There is no common law in this state. He put her on the second mortgage but not on the deed. She isn't paying anything or helping in any way. He refinanced the house to get her off the second mortgage. Was told she doesn't have to leave until refinance is complete. He was told he couldn't kick her out bc because she would've had to pay rent from the bringing. He thought about putting all of her belongings outside the house and allowing get to live on the property until refinance comes back, but not in his home. Is this lethal?
2 Answers from Attorneys
Your friend shouldn't do anything rash or impolite. It's not clear what her rights are under the mortgage documents, but if she was obligated under the mortgage, she may have some equitable rights. I would wait until the refinance goes through and she should be treated politely and with the same legalities as a renter.
Booting her out would be a very poor idea. If the refinancing can't happen, then consult with a lawyer in his community about how to resolve the issue.
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