Both Our Names Are On The Deed, Can I Force Sale?
My fiance and I bought a house in NC. Her name is on the loan and both our names are on the deed. 8 months later she decides she doesnt like me anymore and wants me to leave. Being that my name is on the deed, can I legally force a sale of this house.?? And... can she countersue me for any assets I have being that we were together for 7 years under common law?? any help will be greatly appreciated
Maybe she will buy out your equity in exchange for a quit claim deed.
Is there equity in the house? Did you put money down? You should see if she will buy you out. The mortgage is not legal ownership, the deed is so you are 50% owner. She can get an equity loan to pay you off or refinance it. As mentioned above, try to work this out without the legal system. Maybe you can even get a neutral 3rd party involved as it may be hard to work it just the 2 of you.
Thanks so much for the excellent feedback. I dont wish to let my emotions get in the way, but it was 100% her desicion to break up with me. With that said, I want to take what is mine. We each put about 5K down, bought the house for 217, its worth about 250-260. Should I wait and let it appreciate or should I make her life miserable now and force the sale???
Good point, thank you very much Bargain and Chris and everyone else for your imput. I truly appraciate your advice. Only problem is that it is an interest only loan so I would have to count on appreciation.
Yes I do alot of real estate investing up North so I am definitely not ignorant when it comes to real estate. So if I waited 30 years and she then decided to sell, then I would be guaranteed half of the profits???
You can likely force a sale if you hold title as Tenants In Common. I know it can be done in CA and it likely can be done in NC as well. It is an expensive process so you might keep negotiating with her.