Question re/Deed of Trust on my home

This is a discussion on Question re/Deed of Trust on my home within the Other Real Estate Law Matters forum, part of the REAL ESTATE & PROPERTY LAW category; My boyfriend walked out on my kids and I about a month ago. We bought a house together in 2001. ...

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Old Feb 21st, 2008, 12:36 PM   #1
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Confused Question re/Deed of Trust on my home

My boyfriend walked out on my kids and I about a month ago. We bought a house together in 2001. It was financed in both our names and both our names were on the Deed of Trust and the Warrenty Deed. In 2003 the home was refinanced in just his name alone in order to get a lower interest rate. My name was placed on the new Deed of Trust at that time as well, just as it had been when we first bought the house. I have copies of the deeds from 2001 and 2003 when we refinanced. Basically, I just need to know what my legal rights to the home are since I am on the deed and if there is any way other than him letting them foreclose on the house that he can have the kids and I removed from the home.

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Old Feb 25th, 2008, 10:48 AM   #2
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Default Re: Question re/Deed of Trust on my home

No he cannot do that--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.) You could threaten to take this action if need be. It may cause compromise which is of course what you need here now. Please feel very free to follow up on this email.
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