I was engaged and he chated on me. Now I need some advice. I bought a house last August. The house and all bills are in my name only. His (ex-fi's) dad did give us money to help with a downpayment, but he signed one of those gift forms, saying that it was a gift to me (FI never mentioned). The monthly payment is taken out of a joint account. (I think I am going to change this and have it taken out of a account that only I have). Does fi have any right to the house, because everything is only in my name? He thinks he does, I of course say no because his name is not on anything. I am not sure if anyone was ever in a situatioon like this. We are NOT married, and each of us made deposits into this joint account to pay all HH bills, as well as any bills FI had (his carpayment, student loans) Whle I kept a different account to pay my bills (CC, cell phone ect).
2007-12-01 16:07:15 · 7 answers · asked by almatters 2 in Business & Finance ➔ Renting & Real Estate
Because this situation involves a piece of real estate and it is provable that he was making payments on it from a joint account, he does have a case and it is not as weak as some people make it out to be. I say this mainly because rules regarding real estate differ greatly from contracts not involving real estate. If he sues you, seek out the advice of an attorney, not someone from the internet who probably does not know the laws of where you reside. You never mentioned what state and county you live in.
One of the other users made a good point about the down payment being from his father. All of the facts will point to you being a liar and I do not believe a jury would be sympathetic and think the entire house belongs to you without compensation. Don't let anger blind reason. Pay what is fair because when you go to court, the only ones who win are the lawyers who will bilk you for thousands. In the end, you will have a headache and probably spend on lawyers fees what you should have just given to your ex.
2007-12-02 00:42:39 · answer #1 · answered by Legend 4 · 0⤊ 0⤋
You had an account to pay your bills but used the joint account to pay the mortgage so it looks like it is a co owned house. He might be able to file palimony and get half.
Can you show what he paid on the house was not more than rental for half a house? If not then he has been investing in your house.
I have had a boyfriend living with me 21 years now but I never would let him pay a mortgage payment, utilities or pay for home repairs. I know if enough time passes people start to think they are entitled to your stuff. Since your boyfriend's dad paid the down payment it is more likely to be seen as a joint asset.
2007-12-01 17:05:45 · answer #2 · answered by shipwreck 7 · 0⤊ 0⤋
nope. let him think what he wants, but he dont have the right to it.
Now if he wants to fight you in court about it - he will probley win because of the fact that the account the money was taken out of was in both of your names, in addittion if he brings you to court and has his dad say he gave the money to the both of you as a gift- then again he will probley win, worst case scenario- the courts allow for a lein on the house for half the amount of the gifted money.
just make sure you keep all receipts on hand for the past year.
And if you do think that he would take you to court about it- see if you can come to some agreement about the excess money - only agree to half of the money given as downpayment, and in addittion- take into consideration that house prices have dropped quite a bit since last august- so his dads downpayment is worth at least 10% less now.
I have been in the exact same situation- twice actually..(call it stupidity)!!
best of luck
2007-12-01 16:17:28 · answer #3 · answered by mary h 4 · 0⤊ 0⤋
Legally, your ex-fiance doesn't have much to stand upon, given that everything is in your name only. He's going to have to do some serious work to prove otherwise in a court of law. Morally, you might consider (at some future date) giving back to Dad what he gifted to you for the downpayment, since the DP specifically benefitted you. I suspect that Dad would NEVER have 'gifted' this to you alone, had you not been engaged to marry his son.
2007-12-01 22:58:30 · answer #4 · answered by acermill 7 · 0⤊ 0⤋
If the daddy gave you cash as a modern, you are able to save it. yet you will desire to no longer. artwork out a charge time table with the Ex-Fiancee's dad to pay off the money in small month-to-month money, pastime unfastened (as you at the instant are not required to do it, it won't be penalized). Ditch the Joint bank account, and pass the money it fairly is yours on your account. supply something to the guy who cheated on you. by using doing so, you would be waiting to stroll faraway from this without shadow on your soul. Others assist you to comprehend the criminal suitable to maintain it, yet once you do, there'll continually be a connection with the Ex's kin who helped you purchase the residing house. Pay the money decrease back, and you're unfastened and sparkling including your honor intact. i'm sorry your Ex did no longer comprehend what a treasure he had -- you deserved greater helpful. Dr.G (who had an Ex-fiancee, yet waited and located the superb spouse ever!).
2016-09-30 10:18:32 · answer #5 · answered by mcelwaine 4 · 0⤊ 0⤋
If it's all in your name only, then you own it all. Including the balance of the mortgage.
Open an account in your name only, remove your fair share of the funds in the joint account and place it in your new account and start your new life.
2007-12-01 16:11:19 · answer #6 · answered by Perplexed 5 · 1⤊ 0⤋
you need to check up with your states laws......How long did you live together...Some state have common law relationships...Unless he presses the issue i wouldnt worry to much...everything is in your name.But if your state has common law he could take you to court over this....
You need to open your own account....and get your name off the joint account.
2007-12-01 16:19:14 · answer #7 · answered by TERRI S 2 · 0⤊ 0⤋