What is considered abandonment of property

UPDATED: Oct 1, 2022

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What is considered abandonment of property

Ex wifes name is on the deed but not on
the mortgage. Does she have any rights
to it since she hasnt paid a dime of the
mortgage,taxes, utilities and upkeep for
more than 5 years. My name is on the
mortgage and the deed. I have paid
everything mentioned above on my own for
the last 5 years..

Asked on August 21, 2018 under Real Estate Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If she is on the deed, she is an owner: the deed, not mortgage, determines who owns the property (the mortgage determines who is responsible to pay the loan).
An owner does NOT lose her rights by not paying the costs of the property: she has not legally abandoned it. You may be entitled to a larger share of the proceeds or equity of the property in a divorce or if and when the property sells, due to your larger contributions to it, but she still remains an owner. You may wish to negotiate a mutually agreeable buy-out to resolve the situation, but your payments should be taken into account in determining the price, since if this matter ended up in court, a judge would likely give you credit for having made payments she did not.

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.

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