An ex girlfriend of my fiancee's lived in his home (which he has the title for) for approx. 1 year. She has since been evicted and is threatening to sue us for the equity in the home. When she was evicted, she took all of what she bought, except for the carpet. A judgment has been offered in her favor for the carpet, that's not what we're concerned about. Should we get an attorney for this? Is this even possible that a renter would be entitled to equity on a property? There was no rental agreement, and there is really no proof that she was even paying rent during that time. Please help!!!
2006-10-24 09:26:02 · 10 answers · asked by Anonymous in Business & Finance ➔ Renting & Real Estate
Not a chance!
2006-10-24 09:33:21 · answer #1 · answered by N3WJL 5 · 0⤊ 1⤋
I'm confused. Your boyfriend's ex used to rent from the two of you. Now she's gone, but she wants to sue for equity in his home?
First of all this is your boyfriend's problem not yours. Don't let him make it your problem... you're not married to him yet. He needs to sort this out on his own.
He may need a lawyer if there is more than a few thousand dollars involved.
From one woman to another...
It's a shame your fiancee is dragging you though all this. You should be enjoying planning the wedding and your future together, and he's kind of ruining that excitement. It's not a good sign he couldn't make peace with his ex. It's alarming if the ex was this irrational he'd ask that kind of person to live with him for a year. It's not a good sign she was living with him so recently and already he's engaged to someone else. Are you really sure you want this man as your husband forever? (not trying to be rude)
2006-10-24 09:40:07 · answer #2 · answered by Funchy 6 · 0⤊ 1⤋
She may feel that she has grounds for such a suit because she was a live-in partner, & instead of calling it "paying rent", is now conveniently calling it "contributing to the mortgage payments". With no rental agreement to document what the understanding was between him & her, I agree that it makes it difficult to prove what her payments were intended for. She may have proof of regular payments though, in the form of cancelled cheques.
If her name is not on the title to the house, she will have difficulty showing that ownership of the home was a partnership between him & her, & in that case she probably won't meet the burden of proof that she's entitled to equity.
Be aware though, ownership of property is an important issue, & shouldn't be taken lightly. Consult an attourney. The best one to go to, is the same attourney who handled his original purchase agreement for the house. Where I come from, the 1st 40 minutes of consultation with an attourney is free. That should be enough time to get your initial questions answered.
2006-10-24 09:49:27 · answer #3 · answered by No More 7 · 2⤊ 0⤋
If her name is not on the deed and they had no such agreement, she will have a difficult time. However, it could be seen as a joint investment whether her name is on the deed or not. It would be better if your fiance had a rental agreement with her.
I would personally laugh in her face and let her waste more money on a lawyer. After all this trouble, I'm sure she is just funneling anything she gets in settlement into her lawyer fees.
2006-10-24 10:21:00 · answer #4 · answered by Phoenix, Wise Guru 7 · 0⤊ 0⤋
She wasn't a "prior renter", she was his live-in girlfriend. Minimizing her position in his life doesn't make your position look better .. it makes you look like you twist the truth.
She did work in the home and contributed to the upkeep. She made what would be considered permanent improvements. She may have relied on his promise that it would be "their" home.
And because of all this ... she may be entitled to a cut, depending on the laws in your state.
Talk to a good real estate attorney in your area. Our office occasionally represents live-in significant others in similar claims, and we have obtained money for our client every single time.
2006-10-24 14:43:41 · answer #5 · answered by BoomChikkaBoom 6 · 0⤊ 0⤋
What if his ex remains on the deed and he has never told you the full story nor has he done anything to remove her name from the deed? You can check property tax records on the Internet for nearly every county in the USA.
She will have to quit-claim the deed back to your fiancee but she won't do it for nothing.
Maybe you need to reconsider your relationship with this man - you may be nothing more than a rebound after his ex.
2006-10-24 09:48:43 · answer #6 · answered by Anonymous · 1⤊ 0⤋
The "beauty" of leaving in the US of A is that anyone can sue you for anything and it normally doesn't matter if you are wrong or not. I would just ignore her a*s until you hear from her attorney. Then I would go get an attorney myself.
-jose-
2006-10-24 10:01:54 · answer #7 · answered by ? 2 · 1⤊ 0⤋
Unless you have an agreement stating otherwise, she is entitled to nothing.
2006-10-24 09:29:18 · answer #8 · answered by luckyaz128 6 · 0⤊ 1⤋
She has nothing!!
2006-10-24 09:54:17 · answer #9 · answered by Ricky 2 · 0⤊ 1⤋
NOT PERIOD
2006-10-24 09:52:52 · answer #10 · answered by Luckys Charm 4 · 0⤊ 2⤋