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Florida partition action - girlfriend breakup

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S

StressedinFL

Guest
What is the name of your state?What is the name of your state? Florida, see title ;-)

Hello folks,

I need some advice.

3 years ago, my girlfriend (and her 2 children) and I, with the plans of getting married, purchased a house. Or I should say, I purchased a house. The mortgage is entirely in my name, and I've made every single payment from my bank account. Her name is on the deed, however, because at the last minute, the homeowners insurance company said her name would need to be on the deed for her stuff to be insured because we weren't married yet. :rolleyes:

Anyhow, as I was saying, the mortgage is entirely in my name. I put $18,000 down (including closing costs), $4000 of which was 'gifted' to me from her. (I have a gift letter in which she states that I'm her fiance and she expects no re-payment ever, etc, etc).

So then, what are my options? She feels that simply because her name is on the deed, that she gets 50%, end of story. I've spoken to several attorneys quickly and they all tell me that I'll receive credit for all the mortgage payments and any repairs (I put a $6000 floor in the house when we moved in!) that I paid for. I've also had some tell me that since her contribution to the down payment was not 50%, that she's not entitled to 50%.

She argues that she paid the electric bill, the water bill, etc. Which yes, she did. She bought groceries too. But, as I mentioned before, she has 2 children from her previous marriage. It would seem that I'm only 25% responsible for the electric bill, as 75% of the people in the house are her responsibility. She was also unemployed for 7 months of which i paid EVERYTHING including her bills, car payments, etc.

So then, I guess I want to know what the real deal is? Does anyone have any advice on this? She's signed a lease on a new place and is supposedly moving out on june 25. Do her rights diminish at all if she moves out?

What do I do???? (I know, contact an attorney, but I'm in South Florida, and all the attorneys are greedy and will go after a case even they wont win. I want to know what my chances are, honestly) :( :( :(
 


K

krispenstpeter

Guest
Partition is your only option and right now, without trying to forsee the future, your ex has you by the cajones.

Yes, she has an ownership interest as do you, but those questions and the exact formula for deciding who gets what is a question of fact for a judge.
 
S

StressedinFL

Guest
krispenstpeter said:
Partition is your only option and right now, without trying to forsee the future, your ex has you by the cajones.

Yes, she has an ownership interest as do you, but those questions and the exact formula for deciding who gets what is a question of fact for a judge.
Well, I want to give her cash in exchange for her quit-claiming her name off the deed. She's ok with this, but wants an exorbitant amount of money (exactly 50% of the equity). Once you take into account just my down payment and 2 years of mortgage payments, she's down to next to nothing. I guess I want to convince her that if this goes to court, she'll get absolutely nothing, and I'm trying to offer her several grand so she can get a new place quickly and easily. (For example, there's about $60000 in equity. minus the $32000 in mortgage payments I've made and you're at $28,000. Minus the $14000 down payment, and you're at $14000. After repairs, it's closer to $8000. And if it goes to court, that $8000 will go to a lawyer somewhere and she'll get nothing it seems)

Any other thoughts? :( :confused:
 
K

krispenstpeter

Guest
Personally? I think you're living in a dream world. And I'm not saying that to be unkind. But did you ever think that SHE can also file partition and force this to trial?

The two of you need to get this worked out before she forces the sale of the home out from under you.
 
S

StressedinFL

Guest
krispenstpeter said:
Personally? I think you're living in a dream world. And I'm not saying that to be unkind. But did you ever think that SHE can also file partition and force this to trial?

The two of you need to get this worked out before she forces the sale of the home out from under you.
I'm aware she can file partition as well, but she has no money to retain an attorney anyway. What makes my situation 'dream-world-ish' ? The way that I split the equity? An attorney did that calculation for me, I didn't just come up with it... Plus, if she forces sale, then we lose an additional 6% for realtor fees.. I'd think it's in both of our best interests to settle this, but I guess I want to know what the partition laws are...
 
K

krispenstpeter

Guest
If you want to know what the partition laws in Florida are then simply do a search on yahoo or google for "Florida Partition statute".

If you want to know how the home will be divided upon filing a partition action, neither I nor any attorney you have spoken with can tell you that. As I said before, it's completely objective based on all relevant factors.

What are relevant factors? That is a question of fact for a judge to determine.

Like I also said before, you need to sit down with this girl and a mediator to hammer out an agreement BEFORE anyone files for partition. It matters not that she has no money. There are attorneys who will take such a case and be paid out of the proceeds of the sale.

Relying on her not having money is foolish at best.
 
S

StressedinFL

Guest
krispenstpeter said:
If you want to know what the partition laws in Florida are then simply do a search on yahoo or google for "Florida Partition statute".

If you want to know how the home will be divided upon filing a partition action, neither I nor any attorney you have spoken with can tell you that. As I said before, it's completely objective based on all relevant factors.

What are relevant factors? That is a question of fact for a judge to determine.

Like I also said before, you need to sit down with this girl and a mediator to hammer out an agreement BEFORE anyone files for partition. It matters not that she has no money. There are attorneys who will take such a case and be paid out of the proceeds of the sale.

Relying on her not having money is foolish at best.
No, I'm not relying on her not having money at all. So we would get with a mediator BEFORE filing a partition action? I guess I'm just scared - She's switched into bitch mode and has said "I dont care if I dont get anything, I'll keep you in court long enuf to eat up all the equity". I would hope a judge would see that as unecessary litigation or something.
 
K

krispenstpeter

Guest
Bitch mode or not, she is just as much an owner of that home as are you.

And don't rely on a judge seeing it your way. IF mediation is an option then by all means suggest it. Or better still, have your attorney contact her for mediation. Once the partition suit is filed it's likely no longer an option.

and you're going to have to offer her more than you are presently. Because, frankly, she is holding all the cards and you're playing with all yours open-faced on the table.
 
S

StressedinFL

Guest
krispenstpeter said:
Bitch mode or not, she is just as much an owner of that home as are you.

And don't rely on a judge seeing it your way. IF mediation is an option then by all means suggest it. Or better still, have your attorney contact her for mediation. Once the partition suit is filed it's likely no longer an option.

and you're going to have to offer her more than you are presently. Because, frankly, she is holding all the cards and you're playing with all yours open-faced on the table.
How does mediation work? Is that where both parties sit with an attorney and discuss what will happen if it goes to trial and try to come to an agreement without actually going to trial? (I'm sorry, I just don't know about this stuff!)
 
K

krispenstpeter

Guest
Attorney or disinterested third-party.

Mediation and Alternative Dispute Resolution (ADR) is the process of resolving legal conflicts without going to trial. An attorney or other qualified third-party, advises clients on arbitration and mediation, as well as acting as mediators. One of the tasks of the mediator is to advise clients on the legal consequences flowing from particular terms and conditions of all ADR options.

If your ex is amenable to such a process, then the two of you need to agree on a mediator which can be found in the phone book or by doing a google search.
 

divgradcurl

Senior Member
As Krispy said, an exact accounting of who owns what will depend on what the court has to say. However, you can figure out a few things beforehand.

3 years ago, my girlfriend (and her 2 children) and I, with the plans of getting married, purchased a house. Or I should say, I purchased a house. The mortgage is entirely in my name, and I've made every single payment from my bank account. Her name is on the deed, however, because at the last minute, the homeowners insurance company said her name would need to be on the deed for her stuff to be insured because we weren't married yet.
How is the house titled exactly? I would assume from your description it would be tenants in common -- does the deed specify any percentage ownership for each of you?

In any event, most likely she will be entitled to 50% of the equity in the house -- however, that's AFTER accounting for costs. So, you're analysis here:

Well, I want to give her cash in exchange for her quit-claiming her name off the deed. She's ok with this, but wants an exorbitant amount of money (exactly 50% of the equity). Once you take into account just my down payment and 2 years of mortgage payments, she's down to next to nothing. I guess I want to convince her that if this goes to court, she'll get absolutely nothing, and I'm trying to offer her several grand so she can get a new place quickly and easily. (For example, there's about $60000 in equity. minus the $32000 in mortgage payments I've made and you're at $28,000. Minus the $14000 down payment, and you're at $14000. After repairs, it's closer to $8000. And if it goes to court, that $8000 will go to a lawyer somewhere and she'll get nothing it seems)
Is close. You cannot subtract the entire mortgage payments -- only those payments that go to the principal will be counted, not the (very large) percentage that goes toward interest. Also, you cannot be reimbursed for repairs -- upgrades, yes, but any portion of upgrades that go to "repairing" will not be included in the deducting. Same with property taxes and insurance -- they will not be counted. And, regardless of what paperwork you may have, she will almost certainly be awarded her "gift" back, since a court would likely find that it is a gift in contemplation of marriage.

All of the stuff about utilities and so on are not relevant to the value of the house, but may be relevant in the overall property settlement if any).
 
S

StressedinFL

Guest
krispenstpeter said:
Attorney or disinterested third-party.

Mediation and Alternative Dispute Resolution (ADR) is the process of resolving legal conflicts without going to trial. An attorney or other qualified third-party, advises clients on arbitration and mediation, as well as acting as mediators. One of the tasks of the mediator is to advise clients on the legal consequences flowing from particular terms and conditions of all ADR options.

If your ex is amenable to such a process, then the two of you need to agree on a mediator which can be found in the phone book or by doing a google search.
Say that a partition action was to be filed. Would it matter who filed it (her or I?) As in, while I'm doing research and talking to lawyers about the best options, if she decides to go ahead and do it and I'm served, does that put me in a worse position than if I had her served from the start?

I wouldn't expect so, but I'm interested in folks input.

Thanks
 
S

StressedinFL

Guest
divgradcurl said:
As Krispy said, an exact accounting of who owns what will depend on what the court has to say. However, you can figure out a few things beforehand.



How is the house titled exactly? I would assume from your description it would be tenants in common -- does the deed specify any percentage ownership for each of you?

In any event, most likely she will be entitled to 50% of the equity in the house -- however, that's AFTER accounting for costs. So, you're analysis here:



Is close. You cannot subtract the entire mortgage payments -- only those payments that go to the principal will be counted, not the (very large) percentage that goes toward interest. Also, you cannot be reimbursed for repairs -- upgrades, yes, but any portion of upgrades that go to "repairing" will not be included in the deducting. Same with property taxes and insurance -- they will not be counted. And, regardless of what paperwork you may have, she will almost certainly be awarded her "gift" back, since a court would likely find that it is a gift in contemplation of marriage.

All of the stuff about utilities and so on are not relevant to the value of the house, but may be relevant in the overall property settlement if any).
This is what makes it so confusing. Everyone is telling me different things. I had an attorney fax me a photocopy out of some law book today that had a paragraph that read "Partition - Tenant who pays obligations such as mortgage payments, taxes, liens, and repairs is entitled to credit from the proceeds of the sale for the co-tenants proportionate share of those obligations"

I guess I can only hope that we can come to a settlement... BTW, deed is 'joint tenants with right of survivorship'
 

divgradcurl

Senior Member
I had an attorney fax me a photocopy out of some law book today that had a paragraph that read "Partition - Tenant who pays obligations such as mortgage payments, taxes, liens, and repairs is entitled to credit from the proceeds of the sale for the co-tenants proportionate share of those obligations"
I was specifically discussing equity, and repairs, taxes, etc., have nothing to do with equity. However, they may be reimbursable in a partition, but then you get into what Krispy was talking about -- you have to consider the entire property settlement as a whole, and not simply the equity in the house.

And further, these are not a dollar-for-dollar credit. You can't credit the entire tax bill against the sale proceeds, only that part which she was obligated to pay, and didn't, so you had to. Furthermore, since the mortgage was in your name only, she had no obligation to pay the mortgage, so you may not be able to credit her "portion" of the mortgage payments against the sale proceeds.

You guys either need to sit down and figure things out, or get an attorney involved right away.

Say that a partition action was to be filed. Would it matter who filed it (her or I?) As in, while I'm doing research and talking to lawyers about the best options, if she decides to go ahead and do it and I'm served, does that put me in a worse position than if I had her served from the start?
The main impact would be that she would be controlling the timing of the suit, not you. If you are ready anyway, then it may not be a big issue. The other impact is that it would require you to get a lawyer -- if you still feel that you can resolve this without a lawyer, then her filing a suit may preempt that to some extent.

And, as you noted, if you get lawyers involved, neither one of you may end up with much. You need to figure out what it is worth to you to get this behind you, cut her a check, and get on with life. Quibbling over a few thousand dollars now is likely going to cost you a lot more in the long run.
 
K

krispenstpeter

Guest
Say that a partition action was to be filed. Would it matter who filed it (her or I?) As in, while I'm doing research and talking to lawyers about the best options, if she decides to go ahead and do it and I'm served, does that put me in a worse position than if I had her served from the start?
except for court costs and attorney fees being taxed to defendent, not really.

As to the attorney who sent you the faxed copy of the law book, did he also mention that her paying the utilities, living in the home and cleaning it, cutting the grass and anything else she did to maintain the home also has value? I don't think so.
 

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