QUESTION
I own a house 50/50 but I am being allotted one room and being told I cannot use any of the other rooms or the furniture in them.
Asked on Jan 17th, 2012 on Real Estate - Virginia
More details to this question:
I lived in the house with a buddy I bought it with three years ago. In the mean time he married and had a wife who pretty much took over the house. Up until a year ago when I left for IA they used all my appliances, washer dryer fridge etc. When I left unexpectedly my girl friend and her family went and removed all my possessions at the request of the other party because we were planning on putting the house on the market an the other guy was moving soon anyhow. He never moved, lived there the whole time by himself with family. I kept paying half the mortgage for that whole year. Now I needed to move back in for a couple months with my new bride and we have been extremely restricted in the house. They bought a fridge which senate not allowed to use, same goes with the washer/dryer. We had mutual furniture in the living/ dining areas which because I left it when I took the remaining possessions he now claims his and said I am not allowed to use them. They are occupyingall but one room.
1 ANSWER
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Your plight is a prime example of why it is not wise to purchase a home with someone who is not a spouse. Your "buddy" does not appear to be your "buddy" any more. You now have two problems. One is legal and the other is practical.
As a practical matter, it is not feasible for you to comfortably live in the same house with another man and his wife/family. To contemplate getting married and moving into such a house with a wife is an invitation to even more conflict. In my humble opinion, it won't work! Don't consider moving back into the house.
Now for the legal part: You are the owner of real property with someone else. The realty can't be feasibly partitioned - that is, divided between you. Therefore, I recommend (unless your former "buddy" agrees to buy you out) that you consult a good real estate attorney in the location of the house, and ask that he advise you on the mechanics and cost of a "Sale for Division." In most states, there is a means to go to court and force a sale of real estate that the owners can't divide, and can't agree on a proper disposition.
Answered on Jan 25th, 2012 at 6:44 PM