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 16:07:50 · 10 answers · asked by almatters 2 in Family & Relationships ➔ Marriage & Divorce
I am 100% sure that his name is not on the deed or the mortgage.. (he has REALLY bad credit). We only lived together since Aug 2006.
The money HIS father gave was less then 6000
If I had to I could pay the house and the bills on my own, I will try to look for a roomate. And yes, I do think that along the way he might get a lawyer.
2007-12-01 16:52:11 · update #1
If his name is not on the house and no bills were in his name, then he has no legal ownership of the house. Plus since he signed the gift form, he can't even make you pay that money back. If you have a joint account, you should go to the bank first thing Monday morning and close the account. You can do that without the ex. Or you can just take out what money is rightfully yours and leave the account open for him. He will then have to close the account you will always have access to that account.
2007-12-01 16:16:31 · answer #1 · answered by terribrooke 5 · 0⤊ 0⤋
If the father gave you money as a gift, you can keep it. But you shouldn't. Work out a payment schedule with the Ex-Fiancee's dad to repay the money in small monthly payments, interest free (as you are not required to do it, it should not be penalized). Ditch the Joint checking account, and move the money which is yours to your account. Give the rest to the guy who cheated on you. By doing so, you will be able to walk away from this with no shadow on your soul. Others will tell you the legal right to keep it, but if you do, there will always be a connection with the Ex's Family who helped you buy the home. Pay the money back, and you are free and clear with your honor intact. I am sorry your Ex didn't realize what a treasure he had -- you deserved better.
Dr.G (who had an Ex-fiancee, but waited and found the best wife ever!).
2007-12-01 16:27:55 · answer #2 · answered by drg20202004 3 · 0⤊ 0⤋
You need to seek legal advice.
But from what I know in these situations, the house will probably be sold and the profit/loss split.
Even though you were not married, you were engaged to be married, and living together ( I assume)....so on all accounts it will be classed as a marital home.
Your fiance could argue that the money was gifted on the provisal that the intent was to marry.
But the thing is .....if the 2 of you cant come to a amicable agreement on how the property is divided and split, then it will have to be faught out in court.
2007-12-01 16:23:25 · answer #3 · answered by Anonymous · 0⤊ 0⤋
You owe his Dad money given as a down payment since he gave you the gift with the assumption that you two would be getting married and living in the house. Otherwise, your ex has no right to the house. I would start repaying the Dad and keep receipts if you are taken to court (which may happen).
Even though ex-Dad-in-law-to-be signed a gift form, pretty much every judge sees right through it.
2007-12-01 16:15:37 · answer #4 · answered by CarbonDated 7 · 1⤊ 1⤋
Since the house is in your name make sure he is not on the Deed or on the loan as a co-borrower . You can go to local law library in you town to look up information on other case that deal with this issue. IN California you must be living together for 7yrs in order to have community property rights. I believe. oh personally i would pay back the ex-father in law. KEEP your records though,cashier checks are best. you should get legal advice though, this is just personal op ions..hope the the best for you..
2007-12-01 16:43:11 · answer #5 · answered by nicko 2 · 0⤊ 0⤋
You had an account to pay your fees yet used the joint account to pay the loan so it feels love it rather is a co owned homestead. He may well be waiting to record palimony and get 0.5. are you able to teach what he paid on the homestead became into no greater beneficial than condominium for 0.5 a house? If not then he has been making an investment on your place. I even have had a boyfriend residing with me 21 years now yet I in no way could enable him pay a loan cost, utilities or pay for homestead maintenance. i understand if adequate time passes human beings start to think of they're entitled on your stuff. on condition that your boyfriend's dad paid the down cost it rather is greater probable to be seen as a joint asset.
2016-10-10 01:18:19 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Morally I think his dad should be paid back for the loan or gift. Other than that, fiance has no rights if nothing is in his name. Split the joint account and be done.
2007-12-01 16:19:58 · answer #7 · answered by dizzkat 7 · 0⤊ 0⤋
You're smart, you have the deed in your name and have a signed gift form. Make sure you put these things in a safety deposit box. Kick his butt out of your home.
2007-12-02 02:24:20 · answer #8 · answered by Sondra 6 · 0⤊ 0⤋
You better get one too. It will be probably be split according to what percentage each of you have contributed.
2007-12-01 17:16:26 · answer #9 · answered by Alwyn C 5 · 0⤊ 0⤋
No but you may have to repay the downpayment.
2007-12-01 16:24:16 · answer #10 · answered by sparkling_apple 4 · 0⤊ 0⤋