Is there such thing as abandonment if someone walks away from their house?

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Is there such thing as abandonment if someone walks away from their house?

My ex-boyfriend and I have both our names on a house we both own. He left me and our son in the middle of the night without notice in November 2006. He broke the lock off the door tonight and declared that he is moving back in. Nobody is making payments at this time and foreclosure is being initiated. He said that when I move out all possessions stay because they are his. I thought that after 6 months, it is considered abandonment.

Asked on June 28, 2009 under Real Estate Law, Ohio

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am a lawyer in CT and practice in this area of the law.  I am not aware of any such law regrading abondonment of your property rights to real estate.  Rather, people who neglect their obligations to pay taxes and the mortgage lose their property to the bank or town.  Your boyfirend did not abandon the house or give up his rights to the house.  The bank is going to take the house and dispose of the property in the house if you or your boyfriend dont remove this stuff.  If you still want to keep the house, then you should consult a lawyer that may be able to explain your options of keeping the house- i.e. loan modification, transfer of property from your boyfirend to you doing a refi to put the house in your name, etc.  If you dont care about the house, you shoudl go look for a new place as the bank is going to take it.


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