Myself and girlfriend own a house together. She is on the deed not the mortgage. We split the mortgage for 3 years. Then we broke up and she moved away no longer paying her share of the mortgage. Will she continue to gain part of the equity or does it stop since she left?
Answer
Your former girlfriend is still part owner of the property and you will need her signature if and when you decide to sell the property. She will not be entitled to any increase in value of the property, but if and when you sell, the check will be issued in both your name and hers and if she demands one half of the check, you will have to take her to Court to determine your rights, so it would be a good idea to keep good records of all the costs and expenses you paid for since she left.
In the alternative, you could file an action in Partition and ask the Court to remove her name from the deed, however, you would have to be prepared to buy her out at the value the property had at the time she left and you started paying all the expenses yourself. Then, when you sold the property, any appreciation in the property would be yours and she would have no claim to it.
Kindest regards,
ANDREA
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