Legal Question in Real Estate Law in Indiana
Title Name Change
I bought a house in 2006 while I was going through my divorce. In order to ''hide'' the purchase, I titled the house in a friends name; however, the mortgage is strictly in my name. My ''at the time friend'' since became my girlfriend and currently lives in the house with me. My divorce was finalized in 2007 and the name was never changed on the title. Our relationship is ending, badly I might add, and she refuses to sign the title back over to me. She is not my wife, she does not pay the mortgage, or any of the bills for that matter. She is an employed part time student. Any money that has been invested in the house has been at my expense through proceeds from my career. I have offered her half of the earned equity on the house as a buy out, but she refuses and threatens to stay until the house forecloses and she is forced to leave, if I choose to leave her, and stop future payments on the house. I do not want to loose my house. I have invested a considerable amount of mony into my house and do not want to give it up, or damage my credit any further than what it is. Is there anything I can do?
1 Answer from Attorneys
Re: Title Name Change
Under certain circumstances you could assert a constructive trust. However, that is an equitable remedy and in equity, you must come into court with clean hands. Since you were trying to hide an asset in your divorce, the court would probably say you have unclean hands. I think you are going to take a hit on this one