Owns the property but but the mortgage.?

I have a property that I bought with my ex. She financed the mortgage and I paid for the downpayment, closing cost, etc. 

So we broke up and she felt it wouldn’t be fair that I paid for everything and I didn’t get the actual property. She did a quit claim deed and now I’m just wondering about the mortgage. How can I be sure that it gets paid every month if she tries to be foolish and not allows me to pay for it. 


Also, I was never on the mortgage, not sure if I could refinance because I wasn’t on it in the first place. 

Update 2:

I’m not looking for her to pay it. I’m looking to pay it but she has access to the account. I do not, the situation got ugly and I’m not sure how to go about paying it. 

7 Answers

  • 1 month ago

    Why are you paying for a mortgage you're not on?  If it's in her name, she owns it and she's responsible for it. You can't get into trouble for not paying something you don't have or own. Was the quit-claim deed recorded?  If so, then you are the owner. Don't you know who the mortgage company is?  Call them or contact them via email--and let them know the property has been transferred and then pay it. 

    And if this doesn't work, contact a lawyer and make her give you the information--and the paperwork. You could do that first, in fact, and maybe you should. 

  • 1 month ago

    If she is the only person on the mortgage but you are (or have) filed the quitclaim deed with the county to take her off the deed then the bank is going to call the loan when (if) they find out about it.  

    They will not allow the person on the mortgage to be taken off the deed - they will call the loan and this will force you to pay off the mortgage immediately by either refiancing the mortgage and getting a new mortgage in just your name, or selling the house to pay off the mortgage if you can't get a new mortgage in just your name.  

    If they call the loan and you fail to pay off the mortgage in one form or another then they'll forclose on the property and use the proceeds from the foreclosure to pay off the mortgage (giving you whatever $$$ is left over, but don't expect top dollar for your house if its sold at foreclosure - you'd better get that mortgage paid off ASAP).

  • Anonymous
    1 month ago

    Who paid what is irrelevant. Whose name is it in?  That's the owner.  

  • G R
    Lv 7
    1 month ago

    WHATTTTTT??????  You two need to meet with an Attorney.  Why would she continue to pay the mortgage if she isn't living there?  When you pay the mortgage YOU will know it has been paid.  She quick claimed the house to you.

  • What do you think of the answers? You can sign in to give your opinion on the answer.
  • 1 month ago

    You need to refinance it into your name of course.  You will not be able to record that deed without doing so.

  • 1 month ago

    You refinance in your own name.

    And if you don't, then it's not your house.  The mortgage company will call in the loan (i.e. make it payable immediately) if she is not on the deed.

  • 1 month ago

    If the mortgage is still being paid off, she doesn't have the deed to sign over to you.  The lender does.

    If she's simply abdicating any interest in the property, you need to have the mortgage transferred to your name.

Still have questions? Get answers by asking now.