Legal Question in Bankruptcy in Minnesota

In July 2008, I purchased a home with my now ex-boyfriend. We were never married. In July of 2009, I ended the relationship due to his drug use and abusive ways. A month later, he moved out of state. He has not paid a penny on the mortgage or anything related to the house since then. I have since taken over all of the mortgage payments. I have tried to refinance the house to get his name off but it is not possible with my major student loan, car, and credit card debt. Now he's back in the same state as me and is telling me that he is filing chapter 7 bankruptcy and that he was advised by his lawyer that the house can be taken away from me because it is still in his name- even though he hasn't lived here in 15 months or made any payments. He owes an insane amount of money to creditors since he bascially walked away from everything once we split. I have always been current with the mortgage. He is also refusing to sign a quit claim deed, saying he will only do so if I give him $5000. He keeps telling me that he's legally entitled to half of the house and theres nothing I can do. Also, my fiance has been living in the home with me for the past three months. I need to know what my rights are and what I need to do. Can my home really be taken away from me if I'm current on the mortgage? How can I legally get his name removed or force him to sign a quit claim deed so I'm not contiually threatened by this? I'm also going to be filing a restraining order to him blackmailing and threatening me. Please help!


Asked on 10/25/10, 8:49 pm

1 Answer from Attorneys
Sam Calvert Calvert Law Office

You should contact an attorney near you who is experienced in both real estate and bankruptcy. My initial impression is that you want to commence what is called a partition action to have the court determine your exes' percentage of ownership, if any, and buy him out for that amount. If he has already filed, his trustee may be interested in selling out to you cheaply.

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Answered on 10/31/10, 9:03 am


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