Bargain And Sale Deed

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Bargain And Sale Deed

My fiance and I seperated. He left the home and not sure what to do in terms of the house. He is on the mortgage only and I’m on the deed and recorded with the state. Can he make me move out or sell the home? I’m a family of 3 and it would be very difficult for us to find a new place to rent with Portland rent.

Asked on November 7, 2017 under Real Estate Law, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If you are on the deed, you are an owner and cannot be forced out except by a foreclosure: certainly, a nonowner (someone not on the deed, like your fiance) cannot force an owner out, but even a fellow or co-owner cannot force you out, too; one owner cannot remove another. Therefore even if he were on the deed, he could not remove you. Bear in mind, however, that if the mortgage is not paid, the lender could foreclose; and if taxes are not paid, the government could take the property for unpaid taxes. Your fiance may not pay his share if he has moved out; even though you may be able to sue him for any amounts he contractually agreed to pay (like in the mortgage), you would still have to make sure the bank gets its money in full on time or face foreclosure. You have to make sure, as a practical matter, that you can afford the house on your own.


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