Help! Please! Mortgage rights as I own half

[rollercoaster]

I need some advise. I my partner and I recently went our seperate ways. We own a condo and we are both on the deed. She asked me to move out and that she would make the mortgage payments on the condo. I moved out because it was the right thing to do. Did not want to be unconforatable where not wanted. Not to mention that she has a teenager. Anyway, I moved out about a month ago. I made my last mortgage payment in April. She does not want me to pay for the mortgage. She is a responsible person and I know that she will keep to her word. She recently told me that she would like to buy me out of the home. I do not want to sell to her as the condo is 1/2 mine. She did initially put more money down on the condo than me. But a few years ago we refinanced and she took out some money to purchase a trailer and not sure if she paid that off completely or not. Long story short, I want to do what is fair. I really don't think that there is a lot of equity on the property. I gave her 2 options, I buy you out, or we sell. Those are the only two options. Should I be making mortgage payments? I always gave her a check for the mortgage and quite honestly don't even know who the bank is at the moment (as she has all the paper work). What are my rights? What are the steps that I need to do to make to sure that I keep equal rights to the condo? Do I need to continue making payments so that she does not claim that I am not making payments (I have no problem doing this)?Even though she does not want the money from me. I don't even know the name of our bank. Can anyone help? Also there is monthly association fees that she is paying as well. Any help on this would be greatly appreciated.

 

[army judge]

You can't make her sell.
A court can force a sale.
Hire a lawyer (the initial consult is usually free) and see what you are told.

Otherwise, in this economy, you aren't going to get much for a house; even less for a condo.

It might not even sell, if the court ordered it.

Why not ask her to buy you out for half?

You'd get your money a lot sooner, if she has it.

Better yet, since you like to do the right thing, walk away.

Take yourself off the deed and let her have the condo.

It's the right thing to do.

You lived there for some time.

Consider your payments to have been rent, and walk away.

You are not going to get rich off of the condo anyway.

Let her have it, she's put more into it anyway and has a kid.

Move forward and don't waste time looking back.

 

[jharris352]

She is a responsible person and I know that she will keep to her word. She recently told me that she would like to buy me out of the home. I do not want to sell to her as the condo is 1/2 mine.

She is an ex-paramour, I don't care how much you trust her word, get it in writing that she will take over the payments on the condo so that she is liable to you. You can either 1. Decide how much equity you deserve from the condo and affix a lien to it for that amount plus say 4% interest to keep up with inflation (she would have to agree and you would forego all future appreciation and use). Or 2. You can insist on making half the mortgage payment or a quarter of the mortgage payment since she is residing there and you can keep future appreciation.

She can't force you to sell. Get the agreement first that she will pay the mortgage payment IN WRITING. If she will not do that you have a mexican stand off.

I tell people this all the time: DO NOT buy property with those who you are not married to or have a dissolution of relationship agreement with. You are just asking for trouble. Good luck, it is not a good situation.

 

[rollercoaster]

Tnx

I appreciate the advise. In the end it will work out as I have faith. I will do the right thing as she would as well. I have hope that it will not get ugly, although I am not naive and I do not let go of the possibility that it could change. I am getting my financial paper work in order to see where I stand today. Most of the time its best to let go of any fights as the energy required is not worth it. We both know that there is not much in equity, I guess its just a matter of time and patience on who will walk away. We shall see. Thank you!

 

[rollercoaster]

Well, more info. She had taken a 2nd on the house a few years ago $20,000 to purchase something she wanted. I am not sure how much she owes from the second as those were her payments, but I want to say that she owes maybe $18,000-15,000Because of this, I now believe that the home is equally ours. I am renting nearby and she has been making the mortgage payments. She did not want me to make the mortgage payments and so I let her. After giving it more thought, I am not sure if she could potentially claim abandonment on me for not making payments, so I rushed to the bank and paid my half of the mortgage. Technically I have only missed one month of mortgage (should I make this payment as well) and that is because she did not want it. So my question is, can she take me to court and say that I abandoned the home if I don't make payments on it since I am half owner even though she is living there? Also, should I be making half of the payments for association fees as well? Help...this is my home and don't want to lose it. I will do what I can to keep it...Thank you!

 

[army judge]

Well, more info. She had taken a 2nd on the house a few years ago $20,000 to purchase something she wanted. I am not sure how much she owes from the second as those were her payments, but I want to say that she owes maybe $18,000-15,000Because of this, I now believe that the home is equally ours. I am renting nearby and she has been making the mortgage payments. She did not want me to make the mortgage payments and so I let her. After giving it more thought, I am not sure if she could potentially claim abandonment on me for not making payments, so I rushed to the bank and paid my half of the mortgage. Technically I have only missed one month of mortgage (should I make this payment as well) and that is because she did not want it. So my question is, can she take me to court and say that I abandoned the home if I don't make payments on it since I am half owner even though she is living there? Also, should I be making half of the payments for association fees as well? Help...this is my home and don't want to lose it. I will do what I can to keep it...Thank you!

If you're really interested in keeping any interest in the home, hire an attorney.
This is too hard for you to pursue alone.
You may be throwing good money after bad.
This is more complicated than just paying on the mortgage.
It isn't about association dues.
The only way to have stayed in the home, is never to have left it.
That alone, might have accrued little in the way of an ownership interest, absent a legal contract.
A court might see your previous actions as abandonment anyway.
You bought the home without benefit of marriage and absent a contract.
You can continue to trust, if you wish.
This, however, is about property law and ownership rights.
The law of property is very clear in every state.
Brother Harris gave you some sound advice above.
In the end, a court will decide.
So far (from what you've revealed), your future position is tenuous.
You need an attorney, but that might not help in the end.

 

[rollercoaster]

Well, I may move in

Ex is wanting to live there until kid graduates from school, which is another year. I am not ok with this....too long and I cannot affort to continue paying rent and my mortgage. If I move back in (which I legally can correct?). If ex files a "petition to partition" will I need to get a lawyer to sign the documents (are the documents complicated?) If so, how much can this cost about? We both pay money for this correct? I am trying to buy out ex but ex is not budging. I now feel that ex would like to live there forever...I think that the only way to get ex to make a decision is to file this petition (but want ex to move forward to spend money on lawyer). Frustrated, and not sure what to do anymore. I think that moving back in is the best, as ex will have no choice but to decided what to do. Help!! I was told by a lawyer that once I move back in ex needs a court order to make me leave....is this true? Sigh!

 

[army judge]

Ex is wanting to live there until kid graduates from school, which is another year. I am not ok with this....too long and I cannot affort to continue paying rent and my mortgage. If I move back in (which I legally can correct?). If ex files a "petition to partition" will I need to get a lawyer to sign the documents (are the documents complicated?) If so, how much can this cost about? We both pay money for this correct? I am trying to buy out ex but ex is not budging. I now feel that ex would like to live there forever...I think that the only way to get ex to make a decision is to file this petition (but want ex to move forward to spend money on lawyer). Frustrated, and not sure what to do anymore. I think that moving back in is the best, as ex will have no choice but to decided what to do. Help!! I was told by a lawyer that once I move back in ex needs a court order to make me leave....is this true? Sigh!

It wasn't as easy as you thought it would be, was it?
This is how it ends up in about 90% of the cases I've seen.
You need YOUR lawyer.
Never trust another person's lawyer.
That lawyer is engaged to protect the OTHER person's interests, NOT yours.
You need your own lawyer.

Yes, if you move back in, she'll have to evict you.
As you are equal owners of the property, she can't just evict because she wants you out.
She can file criminal charges to substantiate an eviction.
That usually happens AFTER someone LIES on the other one.
Usually there are allegations of domestic violence or child abuse that begin that process.

You'd be surprised at how evil and diabolical people can become.
Their lies are very creative.
They also push the other person's buttons.
I'd advise you against moving back into your home.

You either let her have the home and sign away your rights.
That is, if she lets you out of paying her way.
You sell her your rights, and take whatever she offers.
You take her cheating, conniving carcass to court and have the court order the home sold and the proceeds of the sale split between you two!

 

[rollercoaster]

How can I find out what is on a second on my condo? Is there a site? I have tried running my credit but the bank does not show. Also, she owes 40 thousand on the 2nd. Does anyone know if there is a petition to partition filed if what is owed will be split evenly between her and I? What is the best solution here? If we sell, then we both owe what is left from second right? I will ask her to pay the $40,000 that she owes so that I can take over, I know she has the money but not sure if she will do it....sigh.

 

[rollercoaster]

Damages

I moved back into my place. Apparently, the boyfriend wants to take me to court because she claims that she leased to someone ("boyfriend" ) and because I left a few months ago, that he can sue me for damages. Because she was within her legal rights to lease the property to help pay the mortgage. Even though I have paying half the mortgage. I was not informed by her that she leased the condo (room) while her still living there. Can I get sued? If so, how much? If its only been 3 months. The only other thing that she could possibly say is that he wants damages to the window screen that I went through, slightly bent. This is all of course a lie because that is her daughters room, he is sleeping with her in the other room. I am sleeping down stairs on the couch. Don't I have rights to a room since I own half? And yes, this just got really complicated. She says that she will negotiate with me on the condo only if I leave the condo back to the other that I was renting. Otherwise the lawyer claims that boyfriend can be awarded damages. He has instructed his lawyer to request an emergency hearing unless I vacate immediately. WOW! Help!!

 

[army judge]

I moved back into my place. Apparently, the boyfriend wants to take me to court because she claims that she leased to someone ("boyfriend" ) and because I left a few months ago, that he can sue me for damages. Because she was within her legal rights to lease the property to help pay the mortgage. Even though I have paying half the mortgage. I was not informed by her that she leased the condo (room) while her still living there. Can I get sued? If so, how much? If its only been 3 months. The only other thing that she could possibly say is that he wants damages to the window screen that I went through, slightly bent. This is all of course a lie because that is her daughters room, he is sleeping with her in the other room. I am sleeping down stairs on the couch. Don't I have rights to a room since I own half? And yes, this just got really complicated. She says that she will negotiate with me on the condo only if I leave the condo back to the other that I was renting. Otherwise the lawyer claims that boyfriend can be awarded damages. He has instructed his lawyer to request an emergency hearing unless I vacate immediately. WOW! Help!!

Come on, do you BUY everything she sells?
Yes, anyone can sue anyone else.
Will her "new" paramour win, no.
You're an owner, too.
Let him sue you.
When he does (if he does), you cross-claim against her for ALL the back rent that YOUR tenant paid her; that she failed to share with you.

They're just scheming and conning.
Dude, its time to "man up" to this lying, deceiving, scheming she-devil.

This is what its degenerated into, hasn't it?
Its time for you to speak with a lawyer.
Speak with a couple, the initial consults are free.
You need to know exactly what your rights are, and how you protect them!
I'd rather waste thousands on a lawyer than see that hag get a dollar of my money.

 

[rollercoaster]

Time to get a lawyer... this is what the "boyfriend" just sent me. But please read what I sent her first. Unbelieable...do the have a case? I was never informed that she leased to her "boyfriend"

This is what was said by her:
Landlord originally did not want to sell the condo and has now changed her mind and is negotiating for the sale of the condo with me.

This is what I sent to her:
In order for you to buy me out its going to cost you $15,000 to get me off the title. You would assume your 2nd ($40,000) of which you borrowed. I feel confident that I will qualify for this loan, regardless if I don't qualify, the amount above is what it will take to get me off the title. I had hoped to buy you out, but now see that is not possible. Let me know.

Thank you, XXXXX


This is letter coming from boyfriend

Hello (addressed to me),
This is XXXX (the tenant). While everything you say may be true, I have no knowledge of the agreements between you and other owner. The facts as they pertain to me are very simple: I entered in to a good-faith lease for the property in question, subsequent to your relocation. I then became a tenant, leasing from a party who was within their legal right to execute such an agreement. You then moved in to said property without my knowledge or consent, thereby depriving me of my duly leased residence. It would appear you did so as some sort of retaliatory measure but, no matter, my rights as a tenant have been violated. My tenancy has no bearing on your negotiation to buy the property. I am simply asking that you move back to your apartment and allow me all rights afforded tenants in the State of California. Should you do that, I will have no further interest in this matter. Should the residence be sold, I will gladly accept the 60 day notice the law requires and vacate the premises. Until then, I have a one year lease that entitles me to occupy the property unmolested. I do not want this to escalate. However, I have no doubt as to the outcome should you force me to continue with legal action. Again, Please move back to your apartment and enjoy the fact that you are building equity without contributing to the mortgage or upkeep of the property. It costs me money everyday I am away so please provide a timely response (24 hours) so I am able to advise me attorney of the proper course of action. All the best


Sincerely,
XXXX

WOW!! As an owner, do I not have the right to know if she leased to someone for a year? To "help pay the mortgage" (as I have been paying my portion of it) I was never informed that he was going to be leasing by her, nor did I get any sort of notice. If this is what they are claiming is it legal? Mind you there are two rooms 1 of which the daughter sleeps in and the other of which they sleep in (but they are both currently away). I am sleeping on the couch at the moment. Is this bull?

Help!!!!

 

[army judge]

Dude, have you spoken with any local lawyers?

I'm not sure if she can lease any part of that unit, without your approval.

You aren't married. She can't speak for you as as spouses do for each other. You're, in a sense, business partners; therefore equals!

Don't tip your hand. You don't need permission to live in property you co-own. Just keep cool, and await their next move.

In the meantime, lawyer up, pronto!!!


Sent from my iPhone using Tapatalk

 

[rollercoaster]

Army Judge. I really appreciate your honesty and your answers. I do however will be getting a lawyer. I think that you're right in regards to her getting a lease without my approval. But I wonder if it matters if we are joint tenancy or tenants in common, not sure what I signed as I am getting a copy of the deed to find out how we bought. It was many years ago and of course she is not going to give me a copy of the loans....but I will get soon enough. It is funny how she leased to him an ironically he has not been around to sleep here nor has she. I think that they are sleeping at hotels hoping to stick me with the bills. I will call a lawyer tomorrow. Geez! I had no idea how cruel and unwilling she would be to not agree to just buy me out or to allow me to buy her out (probably because of the large amount on the 2nd that she has). It will be interesting how this whole thing plays out though. So....Em I able to evict him if I had no knowledge of this lease? Can they charge for hotel fees? Would I have to move out in the meantime since it was her to lied about leasing to him? Not sure if they found a loop hole or if they are just messing with me.....and something tells me that they are messing with me....but my lawyer will advise me tomorrow. Thank you!!

 

[army judge]

Army Judge. I really appreciate your honesty and your answers. I do however will be getting a lawyer. I think that you're right in regards to her getting a lease without my approval. But I wonder if it matters if we are joint tenancy or tenants in common, not sure what I signed as I am getting a copy of the deed to find out how we bought. It was many years ago and of course she is not going to give me a copy of the loans....but I will get soon enough. It is funny how she leased to him an ironically he has not been around to sleep here nor has she. I think that they are sleeping at hotels hoping to stick me with the bills. I will call a lawyer tomorrow. Geez! I had no idea how cruel and unwilling she would be to not agree to just buy me out or to allow me to buy her out (probably because of the large amount on the 2nd that she has). It will be interesting how this whole thing plays out though. So....Em I able to evict him if I had no knowledge of this lease? Can they charge for hotel fees? Would I have to move out in the meantime since it was her to lied about leasing to him? Not sure if they found a loop hole or if they are just messing with me.....and something tells me that they are messing with me....but my lawyer will advise me tomorrow. Thank you!!

Here's a tip, what she did was adverse to your interests.
She can't do that.
Whether you were there or not, you had (and have) a right to be there.
You also kept paying into the mortgage.

The "squatter" is infringing on your property interests.
They'll never collect a dime in hotel bills from you, unless you wanna give your money away.
But, you'll be able to see that lease and force her to give you your half of the non-existent proceeds.
Nevertheless, you can sue him, even if he vacates the unit.
That lease has a value, half of which is yours.
This case for those two dummies will fly as high as a penguin.

By the way, her kid is gonna be your best witness.
The best part, they have no clue what is about to hit them.

As an aside, "joint tenants", or "tenants in common" as regards your ownership; doesn't matter. The differences are subtle and only matter as far as what happens after the death of one of the parties.
No matter how the property may be owned, your rights are equal.

 

[rollercoaster]

Thank you army judge. You just uplifted me. I wish to move on with my life and at the moment. We're both stuck by going to court and filing a petition to partition will cost us both a bunch of money (money that I wish not to spend if I don't have to). As I am sure that she will try to stick me with half her debt on the 2nd. But, in the mean time, I have no problem getting a lawyer. BTW, I too love photography and currently working towards doing it full time. What kind do you like?

 

[army judge]

Thank you army judge. You just uplifted me. I wish to move on with my life and at the moment. We're both stuck by going to court and filing a petition to partition will cost us both a bunch of money (money that I wish not to spend if I don't have to). As I am sure that she will try to stick me with half her debt on the 2nd. But, in the mean time, I have no problem getting a lawyer. BTW, I too love photography and currently working towards doing it full time. What kind do you like?

Good for you.
I haven't done any professional stuff since high school and college.
I worked part-time for a newspaper, primarily on the police and fire beat.
Today I love nature, beaches, mountains, forests, deserts, even urban scenes.
I'm also fond of some action sports shots (mostly amateur-high school baseball, football, tennis, basketball; my wife teaches at a high school).
Finally, I've been a long-time bird watcher.
When possible, and it doesn't interfere with our bird watching, I also try to photograph them.

How about you, rollercoaster, what types of photography do you like?