If I bought a home with a women and now we’re splitting up, what are my rights?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I bought a home with a women and now we’re splitting up, what are my rights?
I’m the borrower and she is the co-borrower. Sshe has moved out. I will continue to pay the mortgage without her help. She refuses to return the keys and garage door opener and has state that I have no right to change the locks; can I legally?
Asked on August 22, 2011 California
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
If the woman that you bought the home with is on title to the property and is also obligated on the home's mortgage (trust deed), as a matter of California law, she has all rights of ownership to this home. Meaning, you cannot legally change the locks to keep her out.
However, if you are servicing the debt load on the property on a monthly basis as well as paying for other items of its upkeep, your "co-owner" is obligated to repay you her ownership percentage's interest in the property of all the property's expenses, including, but not limted to, its mortgage, property taxes, insurance, and repairs.
If you want to buy out her interests in the property, you should consider it assuming she wishes to sell.
Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.