What are my rights to a homeif I’m on the deed but not the mortgage?

UPDATED: Oct 15, 2011

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What are my rights to a homeif I’m on the deed but not the mortgage?

I broke up with my fiance of 20 years almost a year ago. He took my name of the mortgage about 12 years ago but my name is still on the deed. He did this to take out an equity loan to use to fund vacations, buy a truck and other material items for himself. So there is no equity in the home. Being that I am on the deed but not the mortgage am I entitled to anything? He still lives there and even took out a second mortgage to fund more vacations and personal things for himself. He made 4 times what I made and I gave him half my paycheck every pay day and payed the down payment of the home

Asked on October 15, 2011 under Real Estate Law, Wisconsin


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you ended up paying down on the mortgage (trust deed) on the real property that is in your name and your former fiance' took equity out of the home to fund vacations for himself but you received no benefit from, you have a quasi contract action against him for the use of your equity in the property for his own benefit.

I recommend that you immediately consult with a family law attorney regarding the question you are writing about in order to protect your interests in the home even though there is no longer any equity in it.

What you need to do is start calulating the equity your former fiance' took out of the home that you are on title to for his own benefit that you paid the mortgage down on. Half of this pulled equity from the home seemingly would be yours.

Good luck.

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