QUESTION
What are my rights to a house co-owned?
Asked on Jun 14th, 2013 on Estate Planning - Michigan
More details to this question:
My ex and I were engaged, bought a house, then everything fell through. We are now selling the house, which he lives in and after some violent instances I left. I am relocated in NY with my family, and trying to sell the house with him long distance. He is being very pushy about what price to sell the house at, and about how much money I should receive when the house sells. The house was bought out right with cash, no mortgage exists. Both of our names are on the deed to the house and property. He states that if he took me to court I would receive close to nothing and he's being nice to offer me 30-40% after lawyers, taxes, and agents fees are taken out. If we cannot find a buyer in the next year or two years what are my options as part owner? What services could an attorney offer me? Would it be worth hiring one to be at the closing and helping with the paperwork? Any advice you may have is helpful.
10 ANSWERS
Litigation Attorney serving St. Louis, MO
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Probate Law Center Richard J. Keyes, PC
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You are being pushed around by your ex. You should see an attorney about doing a partition lawsuit so you get your share of the house. You need to talk to an attorney in the state where the house is located.
Answered on Jun 18th, 2013 at 9:05 PM
Admiralty / Maritime Attorney serving Monrovia, CA
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The Law Office of Nathan Wagner
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Good for you for insisting that both of your names go on the deed. I'll bet he wanted to put it in his name only. Based on what you have written, I don't see any reason why you should not get 50% (after taxes, broker fees, and legal fees). You could hire a lawyer, who could help to ensure that you get paid. The main thing is to insist that you get paid directly from the seller or escrow agent, not through your ex-boyfriend. Also, be aware that you could be charging him rent for living in the house.
Answered on Jun 17th, 2013 at 7:46 PM
A common but sad situation. You own HALF, regardless of what he says. If together you can not agree at what price to sell the house and how the proceeds will be divided. Get thee to a lawyer. He is living there, assuming rent free. He may be paying the expenses, but that goes with him renting. You may have a right to some of the ascribed rental income. Giving legal advice can be touchy. Best advise is to employ counsel. You could file for a petition to partition, In that action the court takes over, appoints a commissioner to take possession, sell the house and equitably divide the proceeds.
Answered on Jun 17th, 2013 at 7:46 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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My answer concerns Oregon, so I assume the property is here. If your name is on the deed, and no percentage of ownership is stated, then 50/50 ownership is assumed. If your actual contribution to the purchase was less than 50%, and he could prove it, then if he sued you for partition he might be able to vary that, and might get attorney fees.
Answered on Jun 17th, 2013 at 12:27 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Get yourself some backbone legal counsel, who has knowledge of real estate transactions and titles to property, and how escrow should be conducted to close so you get your rightful share. Be prepared to pay an hourly rate; don't let the former boyfriend push you around on this; he needs to b taught a lesson, and from now on he can deal with your attorney; you are advised to not to talk with him for any reason hereafter.
Answered on Jun 17th, 2013 at 9:30 AM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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Unless he can prove that he contributed more than you should be entitled to 50%
Answered on Jun 17th, 2013 at 9:30 AM
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It would certainly be worth hiring an attorney if you contributed 1/2 or more to the purchase of the property. Even if you didn't, consider hiring an attorney just to keep your ex on the straight and narrow and because you are so far away. If your ex knows there is someone watching over him, he is more likely to do the right thing. Property is selling quickly these days and if it takes 1-2 years to sell, it is not priced right. If your ex refuses to be reasonable, file a Partition action and force the sale under court supervision to make sure it is being done fairly and properly.
Answered on Jun 15th, 2013 at 12:44 PM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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You need an attorney, particularly since you are out of town.. The attorney can file a partition lawsuit and have a judge make a fair division.
Answered on Jun 15th, 2013 at 4:07 AM
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You do not set forth how the property is titled. You also do not advise if you were married when you bought the home. You also do not advise how much you contributed. Without those details your questions cannot be answered. You should provide those details to an attorney where the property is located, so the attorney can advise you on your rights or lack of rights. That is at a minimum of what an attorney will provide you. Best of luck.
Answered on Jun 15th, 2013 at 4:07 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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I think it WOULD be helpful for you to have an attorney because you need someone to stand up for you. It is clear that your ex is trying to bully you into accepting less than you otherwise would be entitled to. I would not take your legal advice from him.
Answered on Jun 15th, 2013 at 4:06 AM