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    Tsebaxter's Avatar
    Tsebaxter Posts: 3, Reputation: 1
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    #1

    Jul 1, 2012, 03:46 PM
    Home ownership
    I bought a house with my ex. I moved out in 2007 and stopped paying on it. He still lives there and won't sell or buy me out. Since then I've been married and have 3 kids. He basically is living in property and to me renting my half since we can't live there with him! What do I do and what are my rights?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Jul 1, 2012, 03:50 PM
    How much of the down payment did you pay from your income ?

    How much of the monthly payments did you pay from your income.

    Can you prove all of this.



    I will assume you were never married, or it would have been settled in divorce court
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Jul 1, 2012, 03:53 PM
    You sue him to force him to sell or buy you out.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Jul 1, 2012, 04:27 PM
    Quote Originally Posted by ScottGem View Post
    You sue him to force him to sell or buy you out.
    I would agree, except that I can't figure out the following part "... to me renting my half ...". OP is paying rent to her ex for the right to live in part of the property? I would also ask if she is on the deed.
    Tsebaxter's Avatar
    Tsebaxter Posts: 3, Reputation: 1
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    #5

    Jul 1, 2012, 04:30 PM
    I paid 42g down back in aug 07 I bought his sisters half out. I left shortly after for we broke up. I paid half of mortgage and taxes until march of 08. He choose to live in property and pay the rent himself. No written agreement. He said he would sell instead. He finally put a for sale by owner sign up in nov of 09, which never sold still. Never would get a realtor. Now he wants to give me 4500 to take me name off and then sue me for mortgage because he is mad I broke up with him and got married... I have texts telling me this.
    Tsebaxter's Avatar
    Tsebaxter Posts: 3, Reputation: 1
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    #6

    Jul 1, 2012, 04:32 PM
    Quote Originally Posted by AK lawyer View Post
    I would agree, except that I can't figure out the following part "... to me renting my half ...". OP is paying rent to her ex for the right to live in part of the property? I would also ask if she is on the deed.
    Yes I am on the deed as 50/50 owner. My ex is living in property and paying all bills since I can't live in half because I'm married with 3 kids and he never wanted to give up the property.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #7

    Jul 1, 2012, 04:50 PM
    Quote Originally Posted by Tsebaxter View Post
    I paid 42g ... Now he wants to give me 4500 to take me name off and then sue me for mortgage ...
    I hope you realize that taking $4,500 for a $42,000 investment, plus expecting to be sued by him, would be crazy on your part? Don't even dignify that ridiculous offer with a response.

    You can sue him to partition the property. It would be sold and each would be entitled to half the net proceeds. This might be subject to certain adjustments based upon how much each of you invested and how much each of you paid on the mortgage. You should see an attorney to sort this out and take it to court for you.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #8

    Jul 1, 2012, 05:13 PM
    [QUOTE=Tsebaxter;3176960 He choose to live in property and pay the rent himself. [/QUOTE]

    I'm assuming you mean the mortgage not the rent.

    The problem you have is he could sue you for your share of the mortgage, property taxes and maybe even utilities since you moved out. At the least he can take that amount out of the proceeds of the sale. So maybe you figure out what your share of the mortgage and taxes would have been since March, 2008. Get an appraisal of what the property is currently worth and see if you can settle on a buyout.

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