Legal Question in Real Estate Law in Maine
tenet in comon
My boyfriend and I have purchased a house. I put down over 25,000 for the down payment and helped him clean up his credit so that we could do this. We have a tenet in common deed. He is now getting himself back into credit card debt. If he is unable to pay his bills can the credit card companies come after the house? I also have a feeling that he is looking into refinancing. Can he do that with out my signature? Can he take loans against the house with out my signature?
1 Answer from Attorneys
Re: tenet in comon
He cannot refinance without you signing off on it.
However, creditors may obtain Court Judgments and turn them into liens against the property. These liens do not actually affect your half interest in the equity in the property, but in reality they are difficult and expensive to get rid of once they are placed, so you want to avoid that if at all possible.