Tort or no Tort to remove exfiance from deed

[hurtnlickingco]

What is the name of your state? Ohio

I have a home in Ohio, Licking county, that I jointly own with my ex-fiance. I left him 3+ years ago, been paying 1K month and had the house listed with several realtors over the past years. Four months ago he called wanting me to sign the house over to him. When I refused and insisted on selling it he stopped paying his share of the house payment. The house now is in foreclosure and he calls me repeatedly laughing saying "Welcome to foreclusure____! When the house is sold they are coming after you and not me as you make all of the money and my income is unreported". I have an entire tape full of one cruel message after another laughing that I am ruined. My credit is important to me, I have rental properties and a home of my own. My realtor advised me that my ex was refusing to show our home and they did not want to represent us anymore. On Aug 17th I listed our house on several websites with a much lower price and got immediate responce. My ex has changed the locks on me several times. I have showed up with potential buyers and we were able to get in! With the threat of foreclosure, my ex finally moved out a month ago. He then rented our vacant house to a "squatter" who sleeps on a mattress left in our master bedroom and roast hotdogs via open fire in my front yard as there is no microwave or stove! I called the police twice and each time they tell me this squatter has tenants rights, even though there is no lease and I am not seeing a dime of the "rent" money! I have several families who have showed up to look at our home only to have the locks changed or the master bedroom locked or worse yet squatter in the house! I have spent my last dime trying to play nice, having the front porch painted, basement block painted, put in new driveway and had the yard bush hogged as my ex and squatter now refuse yardwork! Please help me! My ex is laughing about this and actually told one buyer that made an offer "Our house was not for sale that we are wanting a foreclosure!" We even had a refund two party check come from Licking county and he refused to cash it saying he would rather shred the $755 check than to give me a dime of my money!" I had one Attorney mention "torts" and another tell me I have to follow some 1800 law and am in need of 3 appraisals, title search and court cost and then I can have him removed from the deed. Each Attorney disagreed with the other and I do not know which I should go with, please help me! I am ready to fight and no longer be nice! Again, I am in Ohio. Thank you in advance for any assistance.

[FlyingRon]

You are in a very bad place, but your ex is an idiot.

You need a real lawyer and not some 1800 guy. You have serious problems not the least of which is allowing the property to go into foreclosure. There are far two many things not stated here to even begin to unravel.

[seniorjudge]

I had one attorney mention "torts" and another tell me I have to follow some 1800 law and am in need of 3 appraisals, title search and court cost and then I can have him removed from the deed.

What they are trying to tell you is that you need a partition suit.

Google it....

[hurtnlickingco]

Thank you so much for taking the time to respond to my posting! I have scheduled three appraisals and a title seach. Am I correct in understanding that these are all needed inorder to proceed with the "partition suit"?
I will be spending my last dime as my personal house payment where I live has gone up an additional $700.00 and I cannot refi until until I get this other house sold! Once again, I will have to have the locks changed just to let the appraisal people in! I am trying to schedule them all for the same day so I do not have to do multiple lock changings next week!

[chitown]

"I have scheduled three appraisals and a title seach. Am I correct in understanding that these are all needed inorder to proceed with the "partition suit"?"

FlyingRon said it best with his reply copied below:


You need a real lawyer and not some 1800 guy. You have serious problems not the least of which is allowing the property to go into foreclosure. There are far two many things not stated here to even begin to unravel.

Without knowing prob 95% of the particulars, I would suggest applying for a non-stated income, equity line mortgage on the other property(s) you own individually asap. Not sure about the evidence or procedural documents needed for the partition suit, but I can say with almost 100% certainty that the legal process to cure your problem will take longer than 1 month. Sooooo, if you are spending your "last dime" to meet this month's mortgage payment you will prob be cash deficient when the next 1-3 payments are due (and the Court has not yet enabled you to change the title). Work on getting enough cash to hold you over for at least 3-6 months.

[hurtnlickingco]

Well, "Chitown".....my last response and question was going back to "Senior Judge" .

As for me getting an equity line on my portion...that is not possible. Both signatures are needed for any legal refianancing or sale of any property. This is why I am in the situation I am in! I focused so much on last minute fix ups to attract a buyer only to have my ex refuse to sign to allow the property to be sold. I have a very good job and make 3 times as much money as he does. I realize I am responcible for the loan note but I cannot aford to pay for my ex's housing, especially when he refuses to pay a dime and not to mention his rental income coming in from the "squatter"!

If you must know the rest of the story, I finally left this pig after being rushed to the hospital from work, two hours from dying due to a tubal pregnancy exploding....he went to the bar and celebrated rather than come to the hospital as he did not want any children! My family had to drive over an hour to get to me. He only arrived the next day to take me home! Now he is still bitter, almost 4 years later, that I have someone else and am not coming back.....who would??????!!!!!!!!!

At least now I have an Attorney handling the situation. I am hoping I chose wisely. All I ever wanted to do was to sell the house and split the equity...we only have about 20-25K equity! Now that he has ruined my credit on purpose I hope he gets in trouble!

[HomeGuru]

Originally Posted by hurtnlickingco

Well, "Chitown".....my last response and question was going back to "Senior Judge" .

As for me getting an equity line on my portion...that is not possible. Both signatures are needed for any legal refianancing or sale of any property. This is why I am in the situation I am in! I focused so much on last minute fix ups to attract a buyer only to have my ex refuse to sign to allow the property to be sold. I have a very good job and make 3 times as much money as he does. I realize I am responcible for the loan note but I cannot aford to pay for my ex's housing, especially when he refuses to pay a dime and not to mention his rental income coming in from the "squatter"!

If you must know the rest of the story, I finally left this pig after being rushed to the hospital from work, two hours from dying due to a tubal pregnancy exploding....he went to the bar and celebrated rather than come to the hospital as he did not want any children! My family had to drive over an hour to get to me. He only arrived the next day to take me home! Now he is still bitter, almost 4 years later, that I have someone else and am not coming back.....who would??????!!!!!!!!!

At least now I have an Attorney handling the situation. I am hoping I chose wisely. All I ever wanted to do was to sell the house and split the equity...we only have about 20-25K equity! Now that he has ruined my credit on purpose I hope he gets in trouble!

**A: not much equity but hopefully it will be all worth it.