advice needed , does ex-FI have any rights?

Question

I was engaged and he cheated 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, (about 6k) but he signed one of those gift forms, saying that it was a gift to me (FI never mentioned)., and that it was a gift with no strings attached and that it is not expected that I pay him back. We had to submit this form to the mortgage broker. 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? I am 100% sure that his name is not on anything. He has very bad credit. He thinks he has rights, 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).

I dont think that the property is considered marital property, because we are not married, and in my state there is no common law marriage. I view what he has paid toward the bills, as his rent and living expenses (his rent was more then what is had paid toward the mortgage). Additioanlly, he has some anger issues and have done some damage to the house- drywall holes and dents, also he has broken a door frame, while busting it open becuase I liked myself in the bedroom to get away from him. I would guess the dame he did will cost at least 4k to fix (have to repaint walls, and get a new door frame).

If he would have rights, does that mean that he has to still pay all bills? My though proscess is that because my name is on everything he has the right to pick up and leave at anytime, and I would have no right to go after him for utilities or "rent". Give your honest opinions, I live in Pa, if that helps.

Answer 1

I already told you the answer when you asked this question the other day. Common law marriage does not have anything to do with it and your thought process is wrong. Any legal action taken will relate to the purchase of real estate. You will have problems. If you wish to keep answer shopping for the one you want to hear rather than what is real, keep going. It is not my money that is on the line. If he sues, get a lawyer. And you want people to think he is the violent, illogical one?

Answer 2

If the loan papers are in your name, the mortgage holder (lender) will consider it your home and your home only. The issue of the gift will be between your fiance's father and you. He may choose to try and sue you, but attorney's fees will most likely be prohibitive. You may want to photo the damage done and get estimates so you can substantiate the damage and the cost of repairs. Then, you will need to search your conscience to see if you feel any portion of the money paid by your fiance's dad should be paid back. If he does choose to sue you the damage pictures and estimates will work in your favor. First and foremost get your name off the joint account immediately before he causes you more problems there. It has been my understanding that regardless of who makes the payments, the loan papers are in your name, so as far as the lender is concerned, the house is yours and you are responsible for the payment of the loan. Any other financial issues between you and your fiance/his father do not effect the legal paperwork with the lender.

Answer 3

If it incredibly is all on your call, that's for extra advantageous or worse. definite, he can depart every time he needs and he would not ought to pay you something. He has no legal accountability to that living house, the charges or you. you assert you're one hundred% particular his call isn't on something. i'm hoping you're. YOU view what he has paid as lease and his residing expenditures however the courts won't, because of the fact he wasn't your roommate. You had no roommate contract; you have been co-habitating. consequently, if the relationship dissolves, so do his household projects to that assets. If he would not stay there anymore, his call is on not something and he's not with you anymore, I fantastically doubt the courtroom might make him pay you something. Why might they? it is your place, your electrical energy, your cable, your telephone. you may as nicely get used to the assumption of paying all of it your self. that's probable what's going to happen. it incredibly is sh!tty because of the fact he cheated on you, however the final you're able to desire to probable get could be his share of costs if he have been to depart interior the direction of a month and positively, i'm not even particular that they had provide you that. And if I have been you, i might end that joint account-element as quickly as possible. Like the next day. If he can teach he's been paying the non-public loan, that could desire to certainly provide him leverage against you in courtroom. not purely that yet he could desire to take out any money you put in there and it does not be seen stealing. He has get right of entry to to the money you ought to pay your guy or woman loan. don't be a fool and permit that to bypass on. And honestly, even however the dad stated it replaced right into a recent, i'm particular that now which you men have broken up he'd settle for compensation. and because you have broken up, it would look honest which you pay off him. Legally you do not ought to although that's some thing to think of roughly. He did not ought to provide you the money.

Answer 4

I agree with your opinions. I don't think he has any claim on the house. I think that you should switch all the bank accounts to ones that have only your name. You need to end it cleanly, get him and his stuff out, and move on.

If his Dad asks for the 6k back, you may be in a moral dilemma. If you wanted to, you could pay it back over time, or say that it was a gift and forget it.

Answer 5

It sounds like the house is yours and yours alone, and you are not obligated to repay a gift. However, it might be worth it for your peace of mind to consult an attorney. I don't understand why you would have a joint bank account if you're not married. I would end that account ASAP.