 | | 
10-17-2005, 06:04 PM
| | Junior Member | | Join Date: Oct 2005
Posts: 4
| |  co-own house with stubborn father
What is the name of your state? idaho. i have a mortgage with mine and my fathers names on it. i pay two thirds of the monthly and he pays the balance. i need to sell and relocate and he refuses to talk about it. what are my options.
? |
10-17-2005, 06:13 PM
| | Senior Member | | Join Date: Aug 2005
Posts: 1,964
| | | Buy out his share then sell the home or he can buy out your share and keep it. |
10-17-2005, 06:25 PM
| | Member | | Join Date: Jul 2004
Posts: 226
| | | I'm not a lawyer!
If it comes down to it, you can file an action for partition and force the sale of the house. I know it's a harsh thing to do to a relative but you do have to protect your own interests, no one else will... |
10-17-2005, 08:25 PM
| | Senior Member | | Join Date: Jun 2004 Location: "Harvey and Me"
Posts: 25,177
| | Quote: |
Originally Posted by smoothgoodness What is the name of your state? idaho. i have a mortgage with mine and my fathers names on it. i pay two thirds of the monthly and he pays the balance. i need to sell and relocate and he refuses to talk about it. what are my options.
? | And now for the CORRECT question/answer. Is your name on the deed?
__________________
Just because I'm a miserable human being doesn't mean I'm not right... |
10-18-2005, 02:10 AM
| | Junior Member | | Join Date: Oct 2005
Posts: 4
| | | both names appear on the deed. also on the mortgage. |
10-18-2005, 06:38 AM
| | Senior Member | | Join Date: Jun 2004 Location: "Harvey and Me"
Posts: 25,177
| | Quote: |
Originally Posted by smoothgoodness both names appear on the deed. also on the mortgage. | Then file Partition and be done with it.
__________________
Just because I'm a miserable human being doesn't mean I'm not right... |
10-18-2005, 10:44 AM
| | Junior Member | | Join Date: Oct 2005
Posts: 4
| | | any possible defense against partition?
will the other co-owner, my father, have any defense against partition? |
10-18-2005, 11:14 AM
| | Member | | Join Date: Sep 2004 Location: Philadelphia, PA
Posts: 363
| | Quote: |
Originally Posted by smoothgoodness will the other co-owner, my father, have any defense against partition? | Do you really want to sue your father? |
10-18-2005, 11:16 AM
| | Senior Member | | Join Date: Aug 2005
Posts: 1,964
| | Quote: |
Originally Posted by Ciarraine Do you really want to sue your father? | I was thinking the same thing. |
10-18-2005, 11:17 AM
| | Senior Member | | Join Date: Jun 2004 Location: "Harvey and Me"
Posts: 25,177
| | Quote: |
Originally Posted by smoothgoodness will the other co-owner, my father, have any defense against partition? | Not in your particular case. The only defense to partition is in the TYPE of partition (such as when a division of the property is practicable then partition for sale can be defensable) or when there is fraud in the transfer of title or that ownership is not legally vested.
None of these appear to be present in your situation as you have posted it.
__________________
Just because I'm a miserable human being doesn't mean I'm not right... |
10-18-2005, 11:18 AM
| | Senior Member | | Join Date: Jun 2004 Location: "Harvey and Me"
Posts: 25,177
| | Quote: |
Originally Posted by Ciarraine Do you really want to sue your father? | That is NOT the point of law that is important. THAT is a personal decision NOT a legal one.
__________________
Just because I'm a miserable human being doesn't mean I'm not right... |
10-18-2005, 11:24 AM
| | Senior Member | | Join Date: May 2000 Location: Catatonic State
Posts: 75,781
| | Quote: |
Originally Posted by BelizeBreeze That is NOT the point of law that is important. THAT is a personal decision NOT a legal one. | **A: although if the personal decision is to move forward, then it becomes a legal one. |
10-18-2005, 11:41 AM
| | Senior Member | | Join Date: Jun 2004 Location: "Harvey and Me"
Posts: 25,177
| | Quote: |
Originally Posted by HomeGuru **A: although if the personal decision is to move forward, then it becomes a legal one. | Bada BOOM!
__________________
Just because I'm a miserable human being doesn't mean I'm not right... |
10-18-2005, 11:48 AM
| | Junior Member | | Join Date: Oct 2005
Posts: 4
| | | i don't like the idea of suing my father but his refusal to see how badly i need out of our arrangement is tantamount to holding me a financial hostage i feel. perhaps he will become more accommodating but it's not something i can rely on. your thoughts on this matter are very helpful. |
10-18-2005, 11:50 AM
| | Senior Member | | Join Date: May 2000 Location: Catatonic State
Posts: 75,781
| | Quote: |
Originally Posted by smoothgoodness i don't like the idea of suing my father but his refusal to see how badly i need out of our arrangement is tantamount to holding me a financial hostage i feel. perhaps he will become more accommodating but it's not something i can rely on. your thoughts on this matter are very helpful. |
**A: have you ever heard the term friendly fire in a war? Well, yours can be a friendly family fire. | |
Currently Active Users Viewing This Thread: 1 (0 members and 1 guests) | | | | Thread Tools | | | | Display Modes | Rate This Thread |  Linear Mode | | 
Posting Rules
| You may not post new threads You may not post replies You may not post attachments You may not edit your posts
HTML code is Off | | | |
All times are GMT -5. The time now is 08:37 PM.
