If my ex-girlfriend leftour house6 months ago, has she given up claim to the house by filing for bankruptcy?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 12 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 12 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.
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.