How to Kick her out
 

My X GF and I bought a house together a year ago. Since then she has had an affair and basicaly we are just living as room mates. We have split the house and the rent since we bought the hosue 80/20%.

I have the money to buy her out and can afford the entire house payment, but my question is, can I force her out?

Shes on the deed, but I think she can just quit claim on the deed, She will still be listed with the bank on the loan.

Ive promised to keep the joint account open to pay the mortgage. Should I not be able to make the payments, I would put the house up for sale.

Can I kick her out? At the very least I think I should get the master bedroom seeing as I pay the larger sum.

I can't imagine that the atmosphere in the house is very good right now. Is she staying out of spite or does she have no place to go? If you bought her out (Just making a guess, if you've been making payements for a year, plus a down payment, your buy-out offer, even at 20% is probably at least a few thousand dollars) would she be able to get into a place of her own?

As long as the 80/20 split is in a contract some where you may have a leg to stand on legally, otherwise you may need 50% to buy her out, and that could screw you.

Is she refusing to leave?

Have you even brought up this issue with her?

We are both on the deed as Joint Tenancy and it lists the 80/20 split. Her buy-out share is 28k, so she has plenty to do what she needs.

She has the numbers. She wants to have 30-45 days to find a place and also wants me to show that I can pay the mortgage on my own for a month.

She can stay at her parents. They have a huge house and are closer to her work. Hell she did it when she left her husband 4 years ago. Thats when we first started dating.

We have been living like this since July. Shes not refusing to leave, I just want her out so I can move on. I guess I can wait another month.

Rough situation...

Push the issue though. It's fair to give her 30-45 days, but on that 45th day, kick her to the curb.

thats a shitty situation your in.. in my experiance (being only renting apartments) i've always been a believer in "If you wana leave this relation ship, you can leave everything"

Sounds to me like you'd better jump on this while she's being reasonable. Things could get ugly very fast - I had a friend who also (very unwisely, if I may say so) bought a house with a girlfriend. Long story short - he walked away with the shirt on his back - she got everything else. This after he had invested about $30K

I don't know what the "common law marriage' laws are in your state, but if she wanted to fight you on this, she could end up owning half, if not more, of that house.

Good luck.

A small update. MY realtor friend says that by paying her an equitable agreeded upon share of her portion of the equity in exchange for her signing a quit claim deed, she can infact walk clean away from the house and petition the lending institution to remove her name from the loan.

We have only lived together in this house for a little over a year. Before that we were basicaly dating for 3.5 years

Im gonna have that quit-claim deed ready for her when she returns from her weekend vacation with her BF.

If you could convince her that the buy out is the best option, the best of all worlds would be to make her think it's her idea, rather than suddenly producing a quit claim document for her to sign. She may feel pressured by that and become suspicious.

Good luck.

leave the toilet seat up

she will leave .


or at least get a wet bum

Well, its been a weekend since I asked her to leave.

I actualy had a change of heart and asked her to stay, but I havnt seen nor heard from her since that morning I asked her to leave.

Until this morning, when she called up and asked if I was available to talk this coming Friday. Its three days away. There are only two possible choices to talk about.
1. Im leaving. Which would be a very short conversation..."ok"
2. Im would like to work it out. That would be a very very very long conversation.

Either way, Im stumped as to which conversation she wants. I prolly figure that out when she picks the time and place for the conversation. If its McDonalds, Ill expect a short one.

So I'm reading this thread and it struck a cord with my current situation. Just went through this so this is what you do. You buy her out, have her sign the quit claim and refinance the loan to get her name off the deed. Good Luck. As I've said I just went through this -- not the easiest thing at all but stick to it because you are certainly better off moving on...

This girl is walking all over you. Are you actually saying that she doesn't let you sleep in the main bedroom? DON'T ask her to stay... You've got to get her to leave.

my two cents,

-Eric