He is a drug addict. I actually have a restraing order on him. I tried to contact him about selling the house and he responded that he would burn the house down with me in it if I tried to sell. He has since got married to someone. There is already one lein on the property. He stopped paying his bills. I want to sell before something bad happens. I had to file bankruptcy 2 years ago. He started his own contruction business and I was funding it. I bought him an excavator etc. He lost everything because he bit off more than he could chew and wouldn't listen to me. I feel he should just sign the house over to me. Don't think he should have any right to the equity since my debt was $60,000 and I have been paying the mortgage, taxes, insurance by myself. I just want to move on. Don't want to be connected to him in any way anymore.
2007-01-10 08:52:32 · 7 answers · asked by Kirsten39 2 in Business & Finance ➔ Renting & Real Estate
You need to get a real estate lawyer. I know that if someone stops making payments for a certain amount of time they are giving up thier rights to a property. Since you are not married you may simply have to give him half of the profit minus any that you can prove he owes you. A lawyer may be able to get an agreement from him to buy your half of the house if he wants to keep it. Also document (date, witnesses, What said) any more threats he makes. This may play in your favor later. Good luck.
2007-01-10 09:11:34 · answer #1 · answered by Ron B 3 · 0⤊ 0⤋
This is the very reason I prefer that those that are not married, not enter into a house purchase without a written agreement. If the relationship goes sour and from all appearance this has happened.
You will probably have to go to court to get a judgment against him . I don't know what the limit is in your state is for small claims court, normally a round $5000.00 you can sue him for his missed payments, taxes and insurance. This is just a band-aid. You will also need an attorney to see about getting him off the deed and mortgage.
Perhaps if you offered him a few thousand dollars on a refinance he might be bought off that way. Get it in writing first. Say he agrees to go away for $4000. Have him sign a demand for the $4000 and that he will sign his portion of the property over to you in front of a notary, after which you can then refinance paying him off through the refinance. Give the escrow closer the demand that he signed so he can be paid out of escrow.
I hope this has been of some use to you, good luck.
"FIGHT ON"
2007-01-10 10:37:09 · answer #2 · answered by Skip 6 · 0⤊ 0⤋
I hope it all works out for you. You should contact a lawyer and go to claims court. A judge can get him to sign over his rights to the place. I dont see why they wouldnt if you show them proof. Good luck.
2007-01-10 10:30:41 · answer #3 · answered by Anonymous · 0⤊ 0⤋
You are in a real bind since it looks like his name is on the house as well as yours.
Insure the house well and tell him you are selling it.....
Let him burn it down and collect the insurance money, while he goes to jail for arson.
2007-01-10 09:00:57 · answer #4 · answered by mslider2 6 · 0⤊ 0⤋
You need to contact a lawyer...sounds like you are in pretty deep.
Best of Luck to you...PS Talk with people...get the toughest one around.
2007-01-10 09:02:07 · answer #5 · answered by Anonymous · 0⤊ 0⤋
I feel really...really bad for the person you sell it to.
2007-01-10 09:00:31 · answer #6 · answered by Rob 2 · 0⤊ 0⤋
you need to talk to a lawyer.
2007-01-10 09:01:27 · answer #7 · answered by Anonymous · 0⤊ 0⤋