Do I HAVE A LEG TO STAND ON???

[CG2172]

What is the name of your state? Indiana

My Husband and I signed an agreement with a friend to buy his house on payments two years ago. We have been making payments of $600.00 a month, we have paid for any repairs needed and we pay all utilities. as anyone purchasing a house would. he has resently desided to get a divorce and is now saying we either have to get a mortgage to pay the house off so he can buy another house to live in after his divorce or we will have to vacate so he can list the house with a realter for sale. My question is, can he force us out by taking us to court if we can't get a mortgage? No where in the agreement does it mention a mortgage. We told him when we moved in that if the time came that we could straighten our credit enough to get one we would but we did not put it in the contract and we have tried and been turned down. He has also emailed me telling me that as of October 1st we are to pay him $800.00 per month instead of $600.00 per month, something I have no intention of doing.

[CG2172]

Originally Posted by CG2172

What is the name of your state? Indiana

My Husband and I signed an agreement with a friend to buy his house on payments two years ago. We have been making payments of $600.00 a month, we have paid for any repairs needed and we pay all utilities. as anyone purchasing a house would. he has resently desided to get a divorce and is now saying we either have to get a mortgage to pay the house off so he can buy another house to live in after his divorce or we will have to vacate so he can list the house with a realter for sale. My question is, can he force us out by taking us to court if we can't get a mortgage? No where in the agreement does it mention a mortgage. We told him when we moved in that if the time came that we could straighten our credit enough to get one we would but we did not put it in the contract and we have tried and been turned down. He has also emailed me telling me that as of October 1st we are to pay him $800.00 per month instead of $600.00 per month, something I have no intention of doing.

Is there anyone on this site? I was refered here by someone who said the people on here could give me advice. I just don't see how he can legaly make us vacate the house as long as we are making payments.

[Bigfoot]

I'm not clear on the kind of contract you have. When you say that you are making payments, it sounds like a lease to own agreement of some type. And since you've had it for two years already, there should be a clause that addresses what will happen if you don't purchase.

No, he can't make you purchase if you don't have the money. The unfortunate part is if you paid extra money to secure the property in the first place.

And no, he can't unilaterally change the payments to $800 without agreement from you. But it also sounds like you can't afford it, so it may be a good time to look elsewhere.