Need help

This is a discussion on Need help within the Condos & Co-Ops forum, part of the Other Real Estate Law Matters category; I recently moved to a new city and purchased a new condo with my girlfriend. However we did not move ...

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Old Nov 24th, 2007, 01:22 PM   #1
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Unhappy Need help

I recently moved to a new city and purchased a new condo with my girlfriend. However we did not move in right away , but once she did move in , after about 2 months of living together , she just ups and walk out on the realationship.This is the only home I have , and I put my life savings into this using 12,000 dollars from my R.R.S.P.'s as a down payment. She however put nothing in. Both of our names are on the mortgage , and the only way the bank worked out a deal with us to get the home was becuase of her income ,and my good credit. My fear is " she is obviously going to want to take her name off of the mortgage , and by doing so I will loose my home ,as right now I do not qualify to be on my own. As a protection we had both signed a pre nuptual agreement , my question is " If her and I draffted up a pre nup ourselves , and both signed it in front of a witness , will that document hold up in court?
Since her name is on the mortgage , is she still supposed to pay her half of the mortgage each month legally? I have taken over all payments as of now , but my fear is if she sues me to take her name off of the mortgage , I will loose everything , and ruin my credit. She isn't worried about her credit , as of right now it isn't good anyways. I don't trust her now , and she says that she will not take her name off right away , but I have to assume that within the next 4 from the 5 years of mortgage term that we signed she will be with someone else , and want to buy a new home.
So I was wondering if there is anything I can do to protect myself from loosing my down payment , home , credit. Please help!
Sincerely
Bruce from Canada
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Old Nov 25th, 2007, 12:52 PM   #2
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Default Re: Need help

- If two or more owners cannot agree on what to do with a piece of property they may petition the court and the court will order a sale or refinancing etc. so that the one or more may get out of the property obligation and/or the other(s) may keep it etc.--it is often done-- (This is true in some cases even for equitable owners that have paid various amounts etc., but for various reasons, may not be on title.)
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