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Joint Mortgage

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pkarm

Junior Member
Wisconsin

My son and his girlfriend purchased a house together, she has now tossed him out of the house as she has a new boyfriend and changed the locks on the home denying him access to the house. She has no way to pay the mortgage, is there anything he can do to regain access?
 


Ohiogal

Queen Bee
Wisconsin

My son and his girlfriend purchased a house together, she has now tossed him out of the house as she has a new boyfriend and changed the locks on the home denying him access to the house. She has no way to pay the mortgage, is there anything he can do to regain access?

Who is on the deed?
 

LdiJ

Senior Member
Wisconsin

My son and his girlfriend purchased a house together, she has now tossed him out of the house as she has a new boyfriend and changed the locks on the home denying him access to the house. She has no way to pay the mortgage, is there anything he can do to regain access?

Yes, he can call a locksmith to change the locks again and move right back in...IF he can do so without creating any kind of domestic violence or other violence. Its just as much his house as hers, and she had no legal right to kick him out.

However, if there is no way to do it without creating a domestic violence situation it would simply be wiser to file a partition suit to force the house to be sold.
 

Ohiogal

Queen Bee
Yes, he can call a locksmith to change the locks again and move right back in...IF he can do so without creating any kind of domestic violence or other violence. Its just as much his house as hers, and she had no legal right to kick him out.

However, if there is no way to do it without creating a domestic violence situation it would simply be wiser to file a partition suit to force the house to be sold.

You are assuming HE is on the deed.
 

Zigner

Senior Member, Non-Attorney
Sometimes when people say that they bought a house together, one just has to assume that they know what they are talking about.

The OP didn't buy the house. Further, the title of the thread is "Joint Mortgage", not "Joint Ownership".
 

LdiJ

Senior Member
The OP didn't buy the house. Further, the title of the thread is "Joint Mortgage", not "Joint Ownership".

Do you honestly think that any mortgage company is going to grant a mortgage based on the credit of a person who would not be an owner and would not even be married to an owner?
 

Zigner

Senior Member, Non-Attorney
Do you honestly think that any mortgage company is going to grant a mortgage based on the credit of a person who would not be an owner and would not even be married to an owner?

Perhaps her credit was (at the time of purchase) such that she qualified on her own...

I think it's fair to ask the point that the point be clarified.
 

pkarm

Junior Member
Who is on the deed?
They are both on the deed. The loan was approved on his credit rating and job and she had a substantial down payment. There is no way she can get a new mortgage and she basically just wants him to sign away his onwership rights but that does not eliminate his share of the mortgage and he can't sell without her signiture
 
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Zigner

Senior Member, Non-Attorney
They are both on the deed. The loan was approved on his credit rating and job and she had a substantial down payment. There is no way she can get a new mortgage and she basically just wants him to sign away his onwership rights but that does not eliminate his share of the mortgage and he can't sell without her signiture

Thanks for clarifying that.

As advised above, if he can't work it out with her directly, then he needs to work towards a partition through the courts.
 

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