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Home > Law > Other Law   »   co-owning real estate

 
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Old Dec 27, 2005, 12:00 PM
jerzeybeachbum
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co-owning real estate

with a then-fiance(e), bought a condo in 1989. We broke up shortly afterwards. She lived there solo for ~15 months before marrying someone and moving out of state. The condo was then rented by her for the following 2 years. The market at the time meant that rent was less than condo's carrying costs. I agreed during those 2 years to pay half the monthly maintenance fee, but she--as de facto landlord and with my approval--took all tax deductions.
Early 1993, she and spouse asked if I would take over management of the property till it was sold. I agreed, taking all deductions, etc, and acting as landlord, finding tenants, making repairs, upgrades, etc.
Costs continue to increase--taxes, maintenance and aggravation. Twice in the past 2 years, I've asked ex-fiancee to chip in a bit toward the costs but have been refused. Not interested, and she hasn't lifted a finger in 13 years now.
I am now looking to sell. How do I get her out of the picture. I started down the re-doing the deed route last year only to be told late in the game that I needed to refinance first. This is still dicey due to some problems on my credit report dating to a lousy tenant in 1998-1999.
Then I was told that a refi and deed change still might not do the trick. SO what is the trick, if any? I'd pay above-current mtg rates, because it'd still mean a lower rate than the sky high rate I'm currently paying form 1989.
Or, in the alternative, I decide to keep the place...isn't she under legal obligation as co-owner to contribute despite her lack of interest in doing so?

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Old Dec 28, 2005, 09:03 AM   #2  
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Many Options

First, you and your ex have to figure out what you each want, and can agree to. Either of you could Quit Claim your interest in the property to the other. The mortgage obligation would remain in both names. Such a transfer of ownership could trigger a Due On Sale clause (except in a divorce, with one party being awarded the house). As long as the payments are being made on time this probably won't happen. Some loans may allow a full qualifying assumption of the debt. The Quit Claim could offer a short term solution. If either of you decide to refinance the debt (not if you plan a quick sale), an "owner occupant" will get a better rate than an "investor". I hope this provides some food for thought. Good luck.
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