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Bullitt103 · Aug 4, 2009, 11:38 AM

My sister and her boyfriend bough a house last year. However things didn't turn out right with them. My sister found out that her boyfriend has another girl friend. He goes out of town at least 3 x month with an excuse that he'll be working in another branch office, where in fact he's just with her 2nd girl friend. He now realized that his boyfriend is an hole who likes going to bed with prostitutes. My sister found out everything and she would now like to move out of the house. They bought the house (condo) for $180,000. They put in 15K each (=30k) as downpayment. The current value of the house now is 160,000.

My question is, what is the best thing for my sister to do if she wants to move out of the house. I mean, how can she get back the money that she put as a down payment? (even for a portion of the money only so she can move on). Her ex-bf's credit score is 600 only. Is going to small claims court a good idea? (it's okay if she gets 5,000 only).

Will she just let her ex boyfriend live on that house with her new girl until the price of real estate goes up again and then once it has equity, she can then ask for her money back? Or will she just make a quit claim? I would highly appreciate any legal advice you could give me so I could advise my sister on what is the proper thing to do. She is only 22 yrs old, and all her savings since she was little was now on that downpayment that she put in.

AK lawyer · Aug 4, 2009, 11:54 AM

... Will she just let her ex boyfriend live on that house with her new girl until the price of real estate goes up again and then once it has equity, she can then ask for her money back? Or will she just make a quit claim?.

Her equity in the house is $5,000. (It has depreciated $20,000, depleting the joint investment of $30,000 to $10,000).

If she moves out, she will still be liable for the mortgage payments. If the ex fails to pay them she could be liable. Under no circumstances should she quitclaim the property to him until her liablility is ended.

If they had been married, she would have a good case for a court order forcing him to move out until the house is sold. This not being the case, I can't tell you whether a court would make such an order, but she should consider seeking one. In any event she should make every effort to get the house sold, and insist that her ex agree to the sale (both of them should sign the listing agreement).