Home Equity Loan

in California, i move in with my girlfriend, she has owned her home 7 years prior to us refi-ing the house?

in 2005. She was in behind in her foreberance agreement with the bank prior to the refi of the house.Due to equity built up in the house, money was taken out of the house due to the refi. She needed me to go on the loan due to my credit and income at the time and the lack of credit and income on her part. She added me to the title/deed to the home which reads joint tenants with equal rights of survivorship. There is no special language in the loan or written documents spelling out how to dissolve the financial bind due to the loan of the house. Do i really own half of the house? We have been living together for over 2yrs now, not quite 3yrs. How does the state of California view this matter?

Public Comments

  1. you better see a real estate lawyer cause you opened your self to a can of mussy worms. get ready to spend money to straighten this out , else you lose money and your credit rating.
  2. I hope I understood this correctly, you went on the loan as a co-signer and placed on title as a joint tenant. The property has been owned by her for about roughly 7 years before you came into the picture. Legally you do own 1/2 unless it is spelled out otherwise on the grant deed. Morally, I would ask you if you feel you deserve 1/2 of the house. Have you payed money into the mortgage, property taxes and maintenance of the property?? If so, how much?? When your girlfriend asked for your help did she offer to compensate you with half of the house? Be fair and remember KARMA. When in doubt you can also consult a real estate attorney :)
  3. I am not an attorney. I am a Real Estate Broker. My understanding is that you have an equal share of the property as of the value since the refinancing unless there is another agreement. This would also assume you are making 50% of the mortgage payment. Example: The appraisal in 2005 was $200,000. A new appraisal now is $300,000. Your share is $50,000 or 50% of the increased value since the refinance in 2005. An attorney may view this differently. Chris C
  4. If your on title, you own it, you do not have to be on the loan to have ownership.
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