I am not on the deed but on the loan. I have paid for 8 1/2 years while a fiance. What are my rights?
Asked on Jul 19th, 2022 on Real Estate - North Carolina
More details to this question:
My fiance and I began living together 8 1/2 years ago and I have been paying all of the rent until we bought the home and now I am on the loan and the payments come out of my checking account. He wants to end the relationship. What are my rights to the home?
My first question is are you really on the loan (did you sign a promissory note) and are you sure you are not on the deed. You may have agreed to have the mortgage company take the payments from your checking account but not be an obligor on the mortgage loan. If you really did sign the promissory note at the closing of the home purchase, it would be highly unusual for you not to be listed on the deed.
Assuming that you are correct, signing the mortgage loan as a co obligor without being a part owner of the real estate was a very costly mistake. You have absolutely no ownership interest in the house, and you have no rights to the house at all because you are not married.
What you might be entitled to get back, if anything, depends upon what your agreement was with your fiancee when the home was purchased as far as who pays for what. If you pay the mortgage payment but he pays the utilities and home upkeep and that was your agreement, you probably won't get anything back. If you had an agreement but you have actually paid more than what your agreement required you to pay, you may possibly be able to get something back. I don't think you have any recourse for the rent that you paid before you bought the house.
Take the mortgage loan agreement and the deed to a local real estate attorney. More details are needed about who spent what on the house to see if you possibly could recover anything from your fiancee.
This is general legal advice only. You do not have an attorney-client relationship with Attorney Lynn E. Coleman without a signed retainer agreement and payment of any applicable fees.
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