Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > REAL ESTATE LAW > Condos and Co-Ops
Reload this Page Ex-Boyfriend's Obligation to Loan/Deed?

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Closed Thread
Page 2 of 2 < 1 2
 
LinkBack Thread Tools Rate Thread Display Modes
  #16  
Old 07-03-2009, 10:28 AM
Senior Member
  
Join Date: Jul 2007
Posts: 1,270
OHIO, Next time you have a differing opinion than someone else, there are much more polite ways to begin than "WRONG. WRONG. WRONG."! Had I been way off base, offering totally useless information, then maybe you slam me. But in this case I was right and you were just nit-picking the wording of my statement. As a senior member, with almost 28k posts, I would think you had moved past the need to put people down. Not to mention your follow up statement is mostly incorrect!
__________________
Al Gore may not have created the internet, but he did make up global warming!
  #17  
Old 07-03-2009, 11:01 AM
Senior Member
  
Join Date: Dec 2005
Location: Ohio
Posts: 31,742
Quote:
Originally Posted by JustAPal00 View Post
WRONG. WRONG. WRONG. You're right he would owe the bank. But since he didn't pay the bank and she had to pay for him, she could sue him for his portion. This is very similar to two roomates signing a lease. The LL will go after either or both to get his money. It's between the roomates. They can and quite frequently do sue each other for unpaid portions. Even though they had no written agreement between themselves.
Wrong. Prove that he promised to pay 50% of the mortgage. That needs to be in writing. Does she have that in writing? Statute of frauds. Are you familiar with that? He is not responsible for paying 50% of the mortgage unless the mortgage states that. Nor does she say they have a contract in which he promises to pay that. She is getting the full benefit of the house. She is therefore responsible for the full payment. She signed up for the full payment when she signed the mortgage. They are each responsible for 100% of the mortgage. If she wants to keep the house, then she should continue paying the mortgage.

OR she files a partition lawsuit if he will not consent to her buying him out. End of story.
__________________
Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
  #18  
Old 07-03-2009, 11:01 AM
Senior Member
  
Join Date: Dec 2005
Location: Ohio
Posts: 31,742
Quote:
Originally Posted by JustAPal00 View Post
OHIO, Next time you have a differing opinion than someone else, there are much more polite ways to begin than "WRONG. WRONG. WRONG."! Had I been way off base, offering totally useless information, then maybe you slam me. But in this case I was right and you were just nit-picking the wording of my statement. As a senior member, with almost 28k posts, I would think you had moved past the need to put people down. Not to mention your follow up statement is mostly incorrect!
You were off base. My follow up statement was correct.
__________________
Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
Last edited by m martin; 07-03-2009 at 11:49 PM.
  #19  
Old 07-03-2009, 11:30 AM
Senior Member
  
Join Date: Jul 2007
Posts: 1,270
Quote:
Originally Posted by Ohiogal View Post
You were off base. My follow up statement was correct.
OH REALLY? I didn't realize all contracts had to be in writing! Maybe you just don't understand the question! My advise is 100% on.
__________________
Al Gore may not have created the internet, but he did make up global warming!
Last edited by m martin; 07-03-2009 at 11:49 PM.
  #20  
Old 07-03-2009, 11:35 AM
Senior Member
  
Join Date: Jul 2007
Posts: 1,270
OH and by the way, "Statute of frauds" has nothing to do with the agreement between tho two ex's!
__________________
Al Gore may not have created the internet, but he did make up global warming!
  #21  
Old 07-03-2009, 03:00 PM
Senior Member
  
Join Date: Dec 2005
Location: Ohio
Posts: 31,742
Quote:
Originally Posted by JustAPal00 View Post
OH REALLY? I didn't realize all contracts had to be in writing! Maybe you just don't understand the question! My advise is 100% on. You need to pay a little more attention to what you're reading or just ask your husband to explain it to you.
Try to understand the statute of frauds and quit being a sexist jerk. Where did you get your law degree?
__________________
Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
  #22  
Old 07-03-2009, 03:00 PM
Senior Member
  
Join Date: Dec 2005
Location: Ohio
Posts: 31,742
Quote:
Originally Posted by JustAPal00 View Post
OH and by the way, "Statute of frauds" has nothing to do with the agreement between tho two ex's!
It has to do with agreements concerning real estate. And contracts that last longer than a year.
__________________
Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
  #23  
Old 07-03-2009, 08:00 PM
Member
  
Join Date: Feb 2008
Posts: 183
Thumbs up
Quote:
Originally Posted by JustAPal00 View Post
WRONG. WRONG. WRONG. You're right he would owe the bank. But since he didn't pay the bank and she had to pay for him, she could sue him for his portion. This is very similar to two roomates signing a lease. The LL will go after either or both to get his money. It's between the roomates. They can and quite frequently do sue each other for unpaid portions. Even though they had no written agreement between themselves.
Again, this is exactly right!
  #24  
Old 07-03-2009, 08:10 PM
Member
  
Join Date: Feb 2008
Posts: 183
Quote:
Originally Posted by Ohiogal View Post
He is not responsible for paying 50% of the mortgage unless the mortgage states that.
LOL

The answer is right there in your own words. He is not responsible unless the mortgage states that he is. Does the mortgage state that he's responsible? Yes, the OP said it at least twice.

And of course the person who pays the entire debt can make the other party who is jointly liable contribute. That's basic contract law. I thought you were a lawyer.
  #25  
Old 07-03-2009, 08:15 PM
Member
  
Join Date: Feb 2008
Posts: 183
Quote:
Originally Posted by Ohiogal View Post
It has to do with agreements concerning real estate. And contracts that last longer than a year.
The SOF has nothing to do with it because his liability is not based on a contract that he has with the OP. His liability is based on being jointly liable for the mortgage.
Closed Thread
Page 2 of 2 < 1 2

« Previous Thread | Next Thread »


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Linear Mode Linear Mode
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 06:56 PM.

Contact Us - FreeAdvice - Archive - Privacy Statement - Top

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.
FreeAdvice 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.