Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > REAL ESTATE LAW > Buying & Selling a Home

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 04-04-2006, 10:48 PM
Junior Member
 
Join Date: Apr 2006
Posts: 3

Joint owners unmarried


What is the name of your state? florida

My boyfriend and I are joint owners on the title on a house. His name is on the mortgage loan only. We split up and are not living in the home. It is for sale. He is paying the mortgage payment since I can not afford it myself .
.
He does not want to rent. I am willing to pay half mortgage, but he says no.
He is telling me that at closing I will not receive my share of monies from the house. Can he withold any monies from my half?What is the name of your state?
  #2  
Old 04-05-2006, 06:48 AM
Senior Member
 
Join Date: Aug 2005
Posts: 1,964
Depends. How much money did you put into purchasing the house? How long ago? Has the house appreciated?

But most importantly (and I know this is of no benefit to you now but for others reading this contemplating the same mistakes) what does the agreement you all have drawn up by an Atty for just such events say?

Since we know none of the details of the transaction we can not give better advice that seek an Atty if there is money involved to warrant such expenses.

Oh you do have an upper hand if your name is on the deed come closing time on a sell of the property.
  #3  
Old 04-05-2006, 10:16 AM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally Posted by chelsea0652
What is the name of your state? florida

My boyfriend and I are joint owners on the title on a house. His name is on the mortgage loan only. We split up and are not living in the home. It is for sale. He is paying the mortgage payment since I can not afford it myself .
.
He does not want to rent. I am willing to pay half mortgage, but he says no.
He is telling me that at closing I will not receive my share of monies from the house. Can he withold any monies from my half?What is the name of your state?

**A: he is in for a big surprise. And your attorney will make it a bigger surprise.
  #4  
Old 04-07-2006, 06:53 PM
Junior Member
 
Join Date: Apr 2006
Posts: 3

my reply


I PUT 20,000 DOWN AND HE PUT 20,000 DOWN.( 3.5 years ago)
We have no written agreement at all.
it has more than doubled in value.

Thanks for any help,

BTW: how can i buy him out since I am not on the mortgage?

Quote:
Originally Posted by pojo2
Depends. How much money did you put into purchasing the house? How long ago? Has the house appreciated?

But most importantly (and I know this is of no benefit to you now but for others reading this contemplating the same mistakes) what does the agreement you all have drawn up by an Atty for just such events say?

Since we know none of the details of the transaction we can not give better advice that seek an Atty if there is money involved to warrant such expenses.

Oh you do have an upper hand if your name is on the deed come closing time on a sell of the property.
  #5  
Old 04-07-2006, 07:17 PM
Senior Member
 
Join Date: Nov 2005
Location: I don't know. The guys with the keys won't say. I think it's top secret info.
Posts: 10,169
Quote:
Originally Posted by chelsea0652
I PUT 20,000 DOWN AND HE PUT 20,000 DOWN.( 3.5 years ago)
We have no written agreement at all.
it has more than doubled in value.

Thanks for any help,

BTW: how can i buy him out since I am not on the mortgage?
I, personally, am not going to get into the "how to slpit the money" part but realize this; the ex cannot sell the house unless one of two things happpen;
1. you agree to the deal and sign the deed at the appropriate time or;
2.the ex files for a suit to partition, in which both of you would lose some (sonetimes a lot) of the profit you are looking to realize.

Best case scenario is he gets smart and works with you so you both get your fair share.

To buy the ex out, you simply buy his share of the house equity. Unless you have enough cash to do this you would need to finance whatever is needed.
If the mortgage is assumable, you could posibly assume the mortgage and pay the ex with cash or another mortgage his share of the equity.
  #6  
Old 04-11-2006, 01:53 PM
Junior Member
 
Join Date: Feb 2006
Posts: 7
The two of you need to sit down and do some math. If not both of you will loose.

Sit down and calculate how much total amount of $$ he and you put into the property. Then calculate the interest on the money he put it. Then pay him back the difference with interest.

-J
  #7  
Old 04-11-2006, 02:23 PM
Member
 
Join Date: Mar 2005
Posts: 519

Do the "Arithmetic" not the "math"


Mathematics is a field of study, Arithmetic is the calculation of integers
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 05:24 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.