Legal Question in Real Estate Law in Washington

Mobile home Contract with girlfriend

This is the addition to the 1st question I asked . In 1998 the girlfriend and I took out a 15yr contract with a mortgage company. We paid the mortgage jointly until 2000 when she moved out . I have paid the Mortgage payments taxes and insurance ever since on my own. I cannot get her name off the loan and I can't refinace to pay it off because the mobile is on leased land. I owe about $12,000 and want to get her to pay her half. Can I do this? How do i go about it and do I need a lawyer?


Asked on 4/28/08, 11:05 pm

1 Answer from Attorneys

Amir John Showrai The Pacific Law Firm, PLLC

Re: Mobile home Contract with girlfriend

You do not need a lawyer, per se, but consider the situation. You want her to pay for her half of the home's purchase price, even though only you have lived in it since 2000. If she is liable for one half the purchase price, you are liable for the fair market value of the home's rent to her.

Let me put it this way, in a divorce case, often one spouse remains in the family home and pays the entire mortgage, even though both spouses own it. Courts generally consider this fair since the party who lives outside the home cannot enjoy the benefits of living in the home. There are some exceptions to this general pattern, mainly depending upon whether there is a large disparity in incomes.

In any case, for $12,000 of which you are asking for $6,000 from her, you will easily spend that on a lawyer to fight in court, if it comes to that. I suggest that if she is willing to give up her interest in the home, you ask her if she will sign a quit claim deed, which will give you her interest in the home.

If she is willing to do this, have a lawyer draw this up for you, since a simple error here can cost you a lot more than a lawyer's fees to draft it for you. This way, once you've paid off the home, you can get the title in your name alone, since she will have granted you her interest in it.

Beyond that, trust me, unless she inherits a ton of cash or wins the lottery, or has abundant financial wealth, you are never going to see a dime of that money any other way.

Best of luck to you!

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Answered on 4/29/08, 1:22 am


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