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

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?

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Attorney answers 5

Best Answer
Posted

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.

Alejandro R. Lopez, Esq.
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Asker

Posted

Who lives in the home during the proceedings? I do not want my home left vacant.

Asker

Posted

is this a situation that could be resolved at a family mediation? I am trying to make this smooth as possible ...if he will let me.

Alejandro Rafael Lopez

Alejandro Rafael Lopez

Posted

The problem is that both of you are owners of the home, so, both of you have the right to reside in the home until it is sold by force. Legally, it is not right to bring the situation for resolution at a family mediation, but I have had a few cases were I have filed a family case, and a partition case, then taken both to mediation and obtaining a resolution to both at the same time with an agreement at mediation. For instance, for the partition, you buy him out in exchange for a signature on a deed to you, or he buys you out, or some other type of resolution if at all possible.

Asker

Posted

Pay him to sign the deed over. Thank you. I will consider my options, and see what we can do amicably. Hopefully I will not need your service. Thank you.

Posted

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 construed to constitute an attorney-client relationship. If you'd like actual legal advice, call me at 954-567-4100. Also, if you liked this answer did, be sure to click the thumbs-up button

Asker

Posted

if the home is sold...will the Ct divide the proceeds evenly or will the fact that I had paid every mortgage, all taxes, all insurance, and i claim the homestead a factor at all?

Marian Audrey Lindquist

Marian Audrey Lindquist

Posted

I can't ever say what a court will do. You can ask for credits. Every partition case I have ever represented a client for was settled. I am not in Casselberry, but if you were my client I would talk to you about what your goals are and works towards a settlement in that direction.

Asker

Posted

Thank you.

Marian Audrey Lindquist

Marian Audrey Lindquist

Posted

You are welcome. Good luck.

Posted

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.

Posted

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

Contact through this site alone does not establish a client lawyer relationship. This information is not to be used as a substitute for consulting with an attorney. I or any of the attorneys at longwelllawyers would be happy to give a free consultation. Call 407-426-5757. Longwell Lawyers

Posted

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.

Asker

Posted

Yes. I have maintained separate accounts. All payments have been made directly by me through my account only since the day I purchased the home.

Lee Friedland

Lee Friedland

Posted

That will be beneficial to prove special circumstances...contact Peggy in my office to be of further assistance. www.friedlandassociates.com

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