I have a friend (really a friend) in Indiana who is unmarried and jointly bought a house with her boyfriend (NO CONTRACT between them). Now the boyfriend has taken a job in Kentucky, and has abandoned the house (not making any payments or doing any upkeep). Is there a 'law' that allows her to declare that he abandoned 'their' property? If so, what is that called or where can I find information on it? How long does he have to be 'not paying/contributing' to call it abandonment. She is paying all of the bills/upkeep on the home, and is wondering if such a law exists?
I would appreciate any insight from experienced individuals, especially attorney's, mortgage underwriters and real estate brokers. I'm open to anyone that has been through this as well. I'm just hoping for informed answers please :) Thank you in advance :)
2006-12-30 16:06:32 · 8 answers · asked by replies2news 5 in Business & Finance ➔ Renting & Real Estate
Additional Details: She can and is handling the Mortgage on her own, she's trying to find out if he can 'lose' his part of the house by not paying and abandoning it? She knows she could buy him out and would, the problem is he feels he is more entitled than he really is.. (she came up with the down payment from another house she owns with her Mom - and he thinks he's entitled to that downpayment and PART of that house as well - he was NEVER titled on that house and NO commonlaw marriage in Indiana)
2006-12-30 16:21:35 · update #1
This is what we call a 'learning experience.' If you play house, you pay for it. She'll have to buy him out if she wants to maintain her credit score and the house. Not paying the mortgage is NOT a good idea. All she will do is screw up her own credit and lose the house. If he is being a jerk and wants more than his fair share, she'll basically have to pay him or sue him.
If she can prove that she put up all the down payment money (i.e., from her own, separate checking account and good records of where the money came from), she may be able to sue him for it; consult a lawyer.
2006-12-31 05:14:05 · answer #1 · answered by Mary 3 · 0⤊ 0⤋
Abandonment of property is hard to prove as long as the payments are being made and one of the parties still occupies the house.
Your friend's only option is to get this guy to sign off any interest he has in the house. She can offer to buy him out if she wants to. This should be reviewed by an attorney.
By the way, even if the mortgage is in both names, she can still title the house solely in her name (that is if she convinces him to sign the house over)
M
2006-12-30 16:11:09 · answer #2 · answered by maamu 6 · 0⤊ 0⤋
Tell your friend to sell the house. Her ex boyfriend will have to sign the listing agreement, the sales contract and the papers at the closing. He will get half the proceeds. Tell her to do this before getting behind on any payments, and keep her credit clean, so she can then go out and buy her own house.
2006-12-30 16:10:45 · answer #3 · answered by teran_realtor 7 · 1⤊ 0⤋
If he wasn't titled, tell her to send him what she thinks is fair to buy him out! Send it certified and make sure the cashiers check states that it what the check is for. If he cashes the check, he is giving up his rights to the property because he had accepted payment! It is definitely worth a try. Have her run this past an attorney to C.Y.A.(that's cover your a** to everyone not from US).If his name isn't on the paperwork, he has no claim especially since they weren't married!
2006-12-30 23:11:54 · answer #4 · answered by Julia B 6 · 0⤊ 0⤋
One way is go talk to someone in the city or county land office. or the place where you pay taxes. They can pretty well tell you what you can do. Each state is probably different.
2006-12-30 16:09:30 · answer #5 · answered by Big C 6 · 0⤊ 0⤋
talk to a lawyer at this point. Other than letting the place foreclose and re-purchasing it, I can see no legal alternative. Maybe she should threaten foreclosure in order for him to quit claim the deed.
Regards
2006-12-30 16:51:25 · answer #6 · answered by Anonymous · 1⤊ 0⤋
in case you may record your letters and the stuff is trash,unload it. regardless of the indisputable fact that the criminal way will be to ask the city and county for written criminal approaches. short of asking a criminal specialist. Or a house property administration employer doing employer on your city, solid success
2016-10-16 22:34:15 · answer #7 · answered by ? 4 · 0⤊ 0⤋
buy him out make him a offer and hope he takes it unless he is willing to sign away his interests in the property
2006-12-30 16:10:06 · answer #8 · answered by Anonymous · 0⤊ 0⤋