Live in's spliting up

[zeuss]

What is the name of your state (only U.S. law)? Michigan
I have a friend that has been living with his girlfriend for 17 years, never married. They both have there name on the house and the mortgage but that is it. He bought her a Blazer and it is her's free and clear. He works on cars and also collects them. He has business at there house in the pole barn. He has bought about 6 old cars in the past 12 years also. He also bought two houses with a friend to redo and sell.
They are splitting up. He realizes that he is going to have to pay her for half of the house since both of there names are on it. He is questioning his business and his old cars. He has given her a blazer and is paying off an $11,000 debt from a credit card that she got and put his name on it, she had this card for over a year using it before he found out about it. He is wondering how much he is looking at to disolve there relationship.

 

[LdiJ]

What is the name of your state (only U.S. law)? Michigan
I have a friend that has been living with his girlfriend for 17 years, never married. They both have there name on the house and the mortgage but that is it. He bought her a Blazer and it is her's free and clear. He works on cars and also collects them. He has business at there house in the pole barn. He has bought about 6 old cars in the past 12 years also. He also bought two houses with a friend to redo and sell.
They are splitting up. He realizes that he is going to have to pay her for half of the house since both of there names are on it. He is questioning his business and his old cars. He has given her a blazer and is paying off an $11,000 debt from a credit card that she got and put his name on it, she had this card for over a year using it before he found out about it. He is wondering how much he is looking at to disolve there relationship.

Since they are not married, the only thing that has to be resolved is any assets or debts with joint ownership.

If the car is in her name, the car is hers. If the credit card is in just his name, he is stuck with it. (Unless she will cooperate with paying the debt, maybe as a deduction from her share of the home's equity.) He is going to have to refinance the home to take her off the mortgage and deed (he will need a quit claim deed signed by her at closing) and to pay her, her share of the equity.

One thing that I highly recommend is that he avoid any hostility over things if he can. If they end up fighting over the house, it could get very very expensive. Have him get a professional appraisal done, maybe even a couple of them, so that there is no question regarding the value of the home.

 

[zeuss]

Even though he had purchased the antique cars and the two houses to resell while they were living together? I guess she is leading him to believe that she will get half of everything since they moved in together. How should he go about it? Go to a lawyer and get an agreement written up, start with that? She is giving him a huge dollar amount that she wants in order to go away. His thought is that it will get really ugly before it is done.

 

[ShyCat]

She is not his wife, so there's no marital assets or debt to split. The house is half hers because her name is on the title. Unless her name is on the vehicle titles, those cars are his sole property. Roommates do not acquire ownership of another person's property solely by sharing a bed.

 

[Roula]

If you are not married there really is not legal connection?

 

[Silverplum]

If you are not married there really is not legal connection?

I strongly suggest you do more reading.

 

[zeuss]

why do you say that????

 

[LdiJ]

why do you say that????

She is telling the poster she quoted to do some more reading, not you.

However, again, a roommate (even one that sleeps with you) does NOT acquire any rights to your property. The only reason why she has rights to the house is because her name is on the deed, therefore its equally her property.

He doesn't have to give her more than half of the equity in any property that contains their joint names. She can fuss about it all she wants, but that's all he has to do.

However, his other problem is that because the house is half hers, he also cannot make her leave....ever. It has to be something that she accepts voluntarily. He could file a partition suit to make it happen, but that would probably end up costing him more than what she wants, in legal costs.

Again, have him get several appraisals on the property so that there is no confusion as to how much equity exists.

 

[fairisfair]

partition suit???

that is of course assuming that they hold title as joint tenants, and not as tenants in common, or some other manner.

 

[Ohiogal]

partition suit???

that is of course assuming that they hold title as joint tenants, and not as tenants in common, or some other manner.

Ummm.. if they hold title as tenants in common and he wants her off the title then he has to buy her out. If she will not sell then his only option is a partition suit> I am confused why you think partition suits are ONLY for joint tenants.