If my ex-girlfriend leftour house6 months ago, has she given up claim to the house by filing for bankruptcy?

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If my ex-girlfriend leftour house6 months ago, has she given up claim to the house by filing for bankruptcy?

We are not married but bought a house together. She has never paid one mortgage payment. She has moved out and filedfor  bankruptcy. The children and I live in the house. We owe more then its worth. How can I keep the house? I paid the down payment and the closing cost.

Asked on June 12, 2011 under Real Estate Law, Connecticut

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your situation.  Is your ex-girlfriend on the mortgage as well?  Did she list the mortgage in the bankruptcy?  That will indeed effect you.  It may even allow the lender to call in the mortgage and start foreclosure proceedings.  You need to speak with an attorney on the matter as soon as you can.  If there is no equity on the house then you would not be able to deduct the down payment and the closing costs if you were to sell the house and divide the proceeds - there will be no proceeds.   You would then have to refinance the mortgage on your salary alone.  Please get help.  And with support fr the kids as well seeing that you are the custodial parent now.  Good luck.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You *may* be able to get a larger share of the home that you currently have or even the whole home, but it's *not* automatic.

1) Filing for bankruptcy does not give up her claim or share.

2) Not making  her agreed-upon mortgage payments does not automatically give up her claim or share.

3) If you've been making all the payments and she has not made any, it may be possible to get a court, using its equitable powers, to order that her share or claim be reduced or even extinguished--but you'll have to go to court, sue her, etc.

4) In the meantime, if you want to keep the house, you have to make the full mortgage payments. If you don't, the bank can foreclose; the bank doesn't car, and doesn't have to care under the law, about whether your ex-girlfriend is paying or not; it has the right to receive the full payment on the mortgage.

You should speak with an attorney, such as  real estate attorney, to explore your best options.


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