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  • Jan 17, 2007, 12:54 PM
    pwilson732
    Real Estate Law
    Hello. We would like to know what happens when a man and woman, who are not married, purchase a house together, and they break up, what are the legal ramifications. She has paid in $6,000 initially and he has paid in over $80,000. She makes no payments on the house, does not contribute to home owners insurance, does not pay the grounds fees or the taxes. He broke up with her and she thinks she can live there. She told him to move out. He never moved out, however many nights he did not go back. Then she told him he could move back in and she moved to her mother's. When she moved out she took all her personal affects including many of his personal things. She continued to come over and go through all his things while he was not at home. Now she told him to move out and she was moving back in. He told her no he was not leaving. And he told her she could not stay in the room where he was at. So she moved a bed in the 2nd bedroom. She still does not pay anything. He wants to know what he can do legally. He changed the locks before her moving back in and she screamed so much about it and said it was her house that he let her have a key. She told him she wasn't going to move back, but now she has. He wants to buy her out. He has offered her $40,000. He did go to a lawyer and is seeing him again tomorrow. Can he put a lock on his bedroom door? Does he have to let her live there when she is not paying anything? How much time does he have to give her to make a decision about letting him buy her out before he can put the house on the market? She has done a lot of things including throwing away some of his personal things. Thanks for your help.
  • Jan 17, 2007, 01:08 PM
    LisaB4657
    Yes, he can put a lock on his bedroom door, but he cannot change the locks on the front door.

    Yes, he has to let her live there even though she is not paying anything. She is one of the owners of the house.

    He can hand deliver a letter to her giving her 10 or 15 days to sign a written contract to buy out his share of the house and if she declines he can file a lawsuit for partition of the property.

    If there are any other options available to you under the applicable law in your area then your attorney will let you know. But if she continues to refuse to buy you out, or allow you to buy her out, then I would file for partition (where a court orders that the property be sold and the proceeds be equitably divided).
  • Jan 17, 2007, 01:20 PM
    ScottGem
    She doesn't "think" she can live there, she CAN live there since she is on the deed as an owner.

    You may have to go through the partition as Lisa suggests. When you go to court, bring with you proof that you have paid the mortgage, the utilities etc. You may be able to buy her out for little more than the $6K she put in.

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