I live in Wisconsin and about 3 years ago, my girlfriend and I decided to buy a house together, we have been together for approx. 8 years ( I know bad idea from the start ). Because of I had a past issue with identity theft, we decided to have the mortgage in her name only for the first year. We have no contract between each other nor any type of lease but after the year was up and we began to have issues she has refused to abide by our original agreement. I know it is probably best for me to cut my losses and leave but I have invested some much time and money into making the house what it is worth today. Also now she is constantly calling the police to have them remove me from the house when she is made at me. Under these circumstances, doesn't she need a legal eviction to remove me from the house and is there some kind of recouse to get at least some of what I invested in the house back?

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Originally Posted by rondeau

doesn't she need a legal eviction to remove me from the house and is there some kind of recouse to get at least some of what I invested in the house back?

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Hello ron:

Even though your name doesn't appear on the mortgage, it could have, and SHOULD have been on the deed. Apparently, it wasn't. Ok, I'm not here to beat you up. She's doing plenty of that already.

Yes, in the short run, you are at the very least, a tenant and she can't just throw you out - unless, of course, she can get the cops to remove you due to domestic violence. Then she can get a restraining order and you're screwed.

However, you're not a tenant. You're an owner. There is a LOT you can do to guard your equity. The question is, however, how much equity are we talking about here, and is it worth going after?

If it's $10K or less, I'd just chalk it up to rent. However, if it's more than that, then I'd go after it. That's not necessarily a personal decision. A lawyer, if you hire one, is going to cost at least $5K.

If you decide to pursue it, then that's a whole different ballgame. Of course, you're going to have to move and sue her. The objective being a settlement, not a win in court.

excon

She can call the cops under a domestic abuse charge to get you taken away, but to permanetly remove you would require an eviction or restraining order. To get the latter she would need to prove abuse.

As for trying to recover your investment you will need to sue her. If you can prove you put money int the house as well as sweat equity, you have a chance.

Thanks Guys for the fast responses.

She has already been down the road of trying to claim abuse and tried to get a restraining order. There is enough proof from the Officers that responded to my house which shows I have never laid a hand on her and I have never been charged with domestic abuse. I was however charged with disorderly conduct city ordinance citation because I admitted to swearing and yelling at her when one day she punched me in the face while I was driving on the freeway. Yeah I know, pretty funny and pathetic at the same time. I have been putting up with the crap to protect my daughter but I am getting the hell out now.

I am glad to hear about the equity issue though. There is probably about $50,000.00 in equity right know but I think she might have taken a equity credit loan recently for about $19,000.00. I have put too much blood and sweat into this house to just be screwed out of it.

Thanks again guys.

Hello again, ron:

Cool. Your children don't need to see that crap...

Here's what I would do: I'm a great talker. Frankly, I'd rather talk than write. But, when a relationship is irretrievably broken, talking isn't working, so it's time to stop talking and start documenting.

In my view, your objective should be to maximize your payout in the shortest amount of time. There's going to be tradeoffs. Before I hired a lawyer, however, I would take a shot at playing hard ball with her. You can't do ANY of that while you're living there.

Move. Say nothing. Explain nothing, and do it as quickly as possible. On your way out, hand her a letter. Send her a copy by regular mail AND send a copy certified, return receipt requested. In the letter, make a simple demand for your equity to be paid within 10 days or you will file a lawsuit against her.

If she sees that you're serious, it might shake a check out of her. If it doesn't, then sue her.

excon

Quote:

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Originally Posted by rondeau

I live in Wisconsin and about 3 years ago, my girlfriend and I decided to buy a house together, we have been together for approx. 8 years ( I know bad idea from the start ). Because of I had a past issue with identity theft, we decided to have the mortgage in her name only for the first year. We have no contract between each other nor any type of lease but after the year was up and we began to have issues she has refused to abide by our original agreement. I know it is probably best for me to cut my losses and leave but I have invested some much time and money into making the house what it is worth today. Also now she is constantly calling the police to have them remove me from the house when she is made at me. Under these circumstances, doesn't she need a legal eviction to remove me from the house and is there some kind of recouse to get at least some of what I invested in the house back?

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You are right but unfortunately she doesn't have two dimes to rub together other than the money I have been drained of by child support which ultimately my child never sees.
So I guess if I get out quick and sue I could probably do it fast enough to be able to have a lien placed on the property.

Thanks again

Hello again, ron:

If she got an equity loan for $19K, she can get another one for $44K, pay the first one off, and pay you $25K. She can do that next week.

excon

A lien won't help you much since it would be secondary to the mortgage and equity loans. Plus a lien only means that it would have to be paid before the property can be sold. It doesn't force payment.

You will have to figure out how much each of you put into the house, then offer to buy her out or sue her for the money.

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Originally Posted by ScottGem

A lien won't help you much since it would be secondary to the mortgage and equity loans. Plus a lien only means that it would have to be paid before the property can be sold. It doesn't force payment.

You will have to figure out how much each of you put into the house, then offer to buy her out or sue her for the money.

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You are right Scott with one exception. In Wisconsin, as long as a house has at least $40,000.00 in equity, with the lien or judgement, a person or business can for foreclose on a house but again that is with at least $40,000.00 in equity

Thanks for all the info