Name on house deed but not on mortgage

UPDATED: Oct 1, 2022

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Name on house deed but not on mortgage

After my mom and her ex boyfriend broke up he added me to the house deed. I since then have been making the mortgage payments even though my name is not on the mortgage, it has been 3 years now. He just sent me a letter stating that the mortgage payment went up, I need to pay the property taxes immediately and to send him a rentals insurance certificate. Since my mom and he broke up I have not seen the banks monthly mortgage payment documents. He also stated that if I do not agree to these terms he will start the eviction process. Can he evict me? I also want to know if I have a court case in being the sole property owner since I am the only one making mortgage payments. What are my rights in being on the deed but not on the mortgage?

Asked on September 3, 2017 under Real Estate Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you are on the deed, you are an owner of the house. An owner cannot be evicted or removed from the house, even by another owner; your right to use, occupy, live in, etc. the house is the equal of your mother's ex-boyfriend's right.

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 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.

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