We are not married but have a child and a home together. who has to leave? who gets the house?

Asked about 2 years ago - Casselberry, FL

I bought the home. I made the mistake and put him on the title. The mortgage and insurance is only in my name because he could not qualify. I alone have paid the mortgage, home owners insurance and taxes since we bought the home 8 years ago. He refuses to leave the home. I would walk away if i could but do not want my credit destroyed. He cannot afford the home. I cannot aford 2 homes. What can I do?

Attorney answers (5)

  1. Brittney Cecilia Gutin

    Contributor Level 11

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    Answered . I agree with my collegue. You need to do both seperate actions for partition regarding the home and a paternity action for the child.

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  2. Alejandro Rafael Lopez

    Contributor Level 15

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    Answered . He has an interest in the home, if he is on the title. You may want to show the title to a lawyer of your choice to determine the type of interest he has, since there are different types of real property ownership under the law. From what you say right now, if he refuses to leave the home, and you do not want to walk away from it and/or ruin your credit, you may have to file in court a lawsuit called "partition". This means that you are asking the court to enter an order forcing the sale of the property (even if he does not want to). At that time, when you reach the end of the partition suit, the court will appoint someone called a "receiver" who sill sell it for at least what you owe. Your debt will be paid, you won't have a house, but neither will he.

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  3. Marian Audrey Lindquist

    Contributor Level 17

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    Answered . You have a lot of legal issues going on in this question. You can file a paternity action to determine a parenting plan, time sharing schedule and child support obligation. You can file a partition action to sell the house and split the proceeds, or you can buy him out of his share of the house I hope you hire a good attorney you trust, because you need one.

    The contents of this answer should be considered friendly advice, not legal advice and the answer should not be... more
  4. Lee Friedland

    Contributor Level 4

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    Answered . You must file the paternity petition but you may have special circumstances regarding the partition of the home if you can prove that you have paid all expenses associated with home and that your finances are not comingled...I would suggest you seek a mediator or experienced family attorney in an attempt to resolve the issue with a Marital Settlement Agreement which would offer you the opportunity to buy him out at an agreed upon sum and maintain the home.

  5. Robert Jason De Groot

    Pro

    Contributor Level 20

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    Answered . You need to get to an attorney to file a paternity petition. That will establish the rights and responsibilities of the parties. Getting him out of the house is another question, perhaps best addressed by the attorney you hire.

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