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mariaengland08 · Mar 29, 2008, 11:26 PM

Here is the situation. I co-purchased a home with what use to be a friend. Since than so many issues arose that I eventually moved out. We both signed an agreement not to sell prior to 3 years. During that time other things were written in that contract,which she broke. She made my life impossible often having to deal with her insults, so during the 1st argument we agreed to sell. It would have been a short sale. I did not care because I wanted to be off the mortgage and deed and away from her. She wanted some things fixed so I started the process. She than changed her mind and said she would keep it, but I would be able to go in Dec. and agreed to honor original contract and not sell prior to 3 years. The time came and I said I was moving. Mind you she knew for about 6 months I was moving. She through a tantrum and wanted me to continue to pay my 1/2 of tax and insurance until the 3 year mark and her mother who moved in would rent for the remainder of mortgage. In between that there were several insults from her and her changing her mind every few months.

The current situation now is she has sent me a certified letter demanding I pay and additional 300 monthly for mortgage to cover what initailly she agreed she would be responsibel for. I have had it wit the siatution and her changing her mind and making my life impossible. I at one point told her I want nothing for the house but my name off. If it were to sell, I was told, with the market now neither of us would make a profit. I was told she could keep it by refinancing only.

I want to know what my rights are here. I want her to leave me alone, the best way I can think off is by selling, but she refuses and says she Does not have to. I would like to save my credit but if going into foreclosure is the only way than so be it, if it means never hearing from her again. Currently neither of us has been late with anything.

Please advise what options I may have here.:confused:

excon · Mar 30, 2008, 05:13 AM

Hello Marie:

You're partners... She can't change a thing and neither can you WITHOUT the others cooperation.

What's right and reasonable may not be something you can get done. It appears that you're NOT in the house and she is. What would be reasonable is for her to pay the mortgage since she's the one living in the house. If there was positive equity building because of that, she'd get her half...

If you don't do anything and walk away, your credit will be ruined, and she can sue you for the half payments you DIDN'T make.

Or the two of you (your partnership) can sell it to her (an individual).

You're agreement to sell or not for 3 years doesn't really hold any weight.

excon

Fr_Chuck · Mar 30, 2008, 06:15 AM

What is the last written agreement the two of you made ? If she said she was going to be responsible for all payments and 1/2 of insurance and taxes in writing, then she can not sue you for it.

If there is nothing in writing, and you are on the loan, she very well can sue you for your 1/2 of all of the payments due. This is the issue of being a partner in property.

ScottGem · Mar 30, 2008, 06:19 AM

You need to explain to her that you have BUSINESS partnership as co-owners of the house. If she wants to end the partnership, she can buy out your interest or you can buy out hers or you can sell it to a third party. Until that happens you are responsible for your share of the mortgage and taxes. You may also be responsible for a share of the utilities.

That's the bottomline here. She can't change the contract and neither can you without the other's consent. She can't sue you for anything that wasn't in the original contract.

ScottGem · Mar 31, 2008, 10:05 AM

Breaking a contract does not invalidate it. If one party wants to try and enforce the terms they can still do so.

JudyKayTee · Mar 31, 2008, 10:25 AM

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mariaengland08 agrees: The answer was helpful, but regarding contract I wondered if it's valid even after it's been broken

I would question whether it was legal the minute you signed it. I don't know that you can legally make a promise not to do something for 3 years with absolutely no relief spelled out if circumstances change. Was that agreement written by an Attorney?

I see it the same as a contract when you get married that you won't ever get divorced - and then one person wants out and the other tries to enforce the contract. Sounds bizarre but I am aware of one situation where it happened. It was not enforceable because, as I said, there was no provision for changed circumstances.

I see it as jointly owned property - if you want out you'll have to consult with an Attorney (because you and your partner can't come to an agreement) and see what your options are in your State. Right now your credit rating is at risk so you'd better make arrangements to get out from under this transaction.