Legal Question in Real Estate Law in Georgia

I purchased a home with my ex fianc�. We dissolved our relationship directly after closing and I have assumed all financial responsibility. It is now a little over a year later and he refuses to allow me to refinance and remove his name from the loan. What legal rights do I have in this situation?


Asked on 1/18/10, 2:28 pm

2 Answers from Attorneys

Charles W. Field Charles W. Field, Attorney at Law

This may be tricky. You MIGHT be able to argue he is holding the title in trust for you. Consult with a local attorney.

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Answered on 1/23/10, 3:21 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Almost none. You always should see a lawyer before buying a home and you would have been told not to do it without being married to him. Georgia specifically does not give rights to unmarried couples in these situations.

(By the way, Charlie Field's answer is, absent a contract or agreement, wrong).

The one remedy you do have is to file for partition of the home. That forces a sale and each of you will split the profit or loss. That might pressure him to consider your proposal although if he does not the house would be sold.

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Answered on 1/23/10, 4:42 pm


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