Legal Question in Real Estate Law in Indiana

Relationship Terminated and Will not Stay off Property

I was in a gay relationship for the past two years and a little less that a year ago my partner and I purchased a home together. My parents supplied the down payment my partner the credit rating. around 6 months later the relationship began to go downhill and they started paying less and less of their share. Around 2-3 months ago my partner stopped paying their half of the mortgage or any bills at all. Shortly there after My partner got married to someone. They verbally agreed that they would give ownership of the home over to me. I don't have good enough credit to purchase it on my own. Since their name is still on the mortgage they insist that they have a right to be here even though they have another address.


Asked on 7/30/05, 8:42 pm

1 Answer from Attorneys
C. David DuMond Law Offices of David DuMond

Re: Relationship Terminated and Will not Stay off Property

There's not enough information in your query to form a response. I assume your ex-partner's name is on the deed, since his name is on the mortgage. Is your name on the deed? On the mortgage? Is the mortgage being paid? Verbal agreements concerning rights in real property are seldom enforceable. I don't think it would be fair for you to expect the ex-partner to convey title to you if he remains liable on the mortgage. On the other hand, if you are maintaining the property and paying the mortgage and taxes, then you are acquiring equitable rights to the property. To clear this up, you must find a way to refinance the property yourself -- or at least without the ex-partner. Good luck.

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Answered on 7/31/05, 1:03 pm


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