property law and ignorance

[btr8d]

I live in California and recently purchased a house with my boyfriend. He drives around without a drivers license and no insurance. Besides the obvious red flags like huge fines or jail, can we lose the house if he has an accident and is at fault? To what extent can he be held personally liable? What if he only holds 50% ownership in the property can someone still go after it and could I lose my share because of it?

 

[JETX]

can we lose the house if he has an accident and is at fault? To what extent can he be held personally liable? What if he only holds 50% ownership in the property can someone still go after it and could I lose my share because of it?

Yes to both.

If he drives and someone is killed or suffers serious injuries, you can bet that they will sue him. And when they get a HUGE judgment against him, you can bet they will go after ALL of his assets, including the house.

 

[btr8d]

Yes to both.

If he drives and someone is killed or suffers serious injuries, you can bet that they will sue him. And when they get a HUGE judgment against him, you can bet they will go after ALL of his assets, including the house.

thank you for your reply. if I may ask, well as the plot thickens... my dad and I are on the title and the mortgage alone though my boyfriend paid all of the down payment. it started out as everything would be 50/50 between he and I and my Dad has no interest in the house and was to be removed as soon as my boyfriend and I could qualify on our own. It has been one year now and my boyfriend is demanding he be put on the title yet he refuses to sign an agreement that spells out his obligation for the mortgage and 50% of all the living expenses. His work was slow and for the last year so he barely made his half of the mortgage but he did ultimately pay me but we agreed he would pay me back 50% of all the utilities and living expenses to that I have been paying. Now he has the money and insists on having his name on title before he will pay back anything plus he wont pay current debts either so I am faced with disconnect notices for electricity etc and I wont be able to make the mortgage if he doesnt pay. If I had the money to give him back what he put as a down, I would pay him and I would ask him to leave but I dont so what can I do?

 

[JETX]

thank you for your reply. if I may ask, well as the plot thickens... my dad and I are on the title and the mortgage alone though my boyfriend paid all of the down payment. it started out as everything would be 50/50 between he and I and my Dad has no interest in the house and was to be removed as soon as my boyfriend and I could qualify on our own. It has been one year now and my boyfriend is demanding he be put on the title yet he refuses to sign an agreement that spells out his obligation for the mortgage and 50% of all the living expenses.

Wow... that completely CONTRADICTS your earlier statement that you "purchased a house with my boyfriend."
That changes my response ENTIRELY. If his name is not on the TITLE to the property, he has NO ownership and his creditors can't touch the property.
Names on mortgages have nothing to do with OWNERSHIP!!!!

So, I am going to step aside on helping you... until you figure out what story you're going to provide.

 

[btr8d]

Its not a contradiction. We do own the house together. Only due to credit restrictions and lack of qualifying is why his name is not on title. We agreed to put him on the title immediately following the closing of the loan docs and for one reason or another we didnt get around to it but he is a 50/50 partner with me. He put 75k cash down because I couldnt and I put my name on the loan because he couldnt. We verbaly agree we own it 50/50 and my Dad was just cosigning.
It wasnt until later that I learned of his revoked license, no insurance issue so I explained he should stay off the title until he could get legal, and to protect our investment etc. that is when he started thinking maybe I was not going to put him on title and then all the rest... Look, its a mess I know that but I dont want to screw him out of his investment but I dont think he is too worried about what his actions are causing me. I stand to lose everything because he wont get legal and I might be a fool for trusting that he was legit and probably should have checked on that before hand but I learned the hard way. I want to try and make this right and I need to know that if I put him on title what is the exposure for that reason and secondly there is no documentation to show his obligation to the loan how bad is that. third can my Dad potentially lose his home because of my boyfriends negligance?

 

[Mass_Shyster]

We do own the house together.

No, you don't because ...

his name is not on title

We verbaly agree we own it 50/50

Verbal agreements are not enforceable for real estate transactions

I stand to lose everything because he wont get legal and I might be a fool for trusting that he was legit and probably should have checked on that before hand but I learned the hard way.

You stand to lose nothing because he doesn't own the house.

there is no documentation to show his obligation to the loan

third can my Dad potentially lose his home because of my boyfriends negligance?

Dad can't lose either.


Real Estate ownership requires written, not verbal agreements. Because you have no written agreement, your boyfriend does not own any part of the house. The house is owned by you and dad.

Also, because BFs name is not on the mortgage, he has no obligation to pay.

It's possible he could sue you for the down payment he gave you and the payments he's been making, but he has no legal claim on the house, and neither do his creditors.

 

[Ohiogal]

Its not a contradiction. We do own the house together. Only due to credit restrictions and lack of qualifying is why his name is not on title. We agreed to put him on the title immediately following the closing of the loan docs and for one reason or another we didnt get around to it but he is a 50/50 partner with me. He put 75k cash down because I couldnt and I put my name on the loan because he couldnt. We verbaly agree we own it 50/50 and my Dad was just cosigning.
It wasnt until later that I learned of his revoked license, no insurance issue so I explained he should stay off the title until he could get legal, and to protect our investment etc. that is when he started thinking maybe I was not going to put him on title and then all the rest... Look, its a mess I know that but I dont want to screw him out of his investment but I dont think he is too worried about what his actions are causing me. I stand to lose everything because he wont get legal and I might be a fool for trusting that he was legit and probably should have checked on that before hand but I learned the hard way. I want to try and make this right and I need to know that if I put him on title what is the exposure for that reason and secondly there is no documentation to show his obligation to the loan how bad is that. third can my Dad potentially lose his home because of my boyfriends negligance?

WRONG. You do NOT own the house together. He doesn't own the house at all.

ETA: Steve you an attorney?

 

[Mass_Shyster]

ETA: Steve you an attorney?

No. I am not not an attorney.

 

[Ohiogal]

No. I am not not an attorney.

Not a problem. Just curious. Check your pms.

 

[JETX]

Its not a contradiction. We do own the house together. Only due to credit restrictions and lack of qualifying is why his name is not on title. We agreed to put him on the title immediately following the closing of the loan docs and for one reason or another we didnt get around to it

Jeeze... how many times do I have to say this...
IF HIS NAME IS NOT ON THE TITLE, HE HAS NO OWNERSHIP!!!!

but he is a 50/50 partner with me.

If that is the case, then rely on your partnership agreement to resolve your problems.

He put 75k cash down because I couldnt and I put my name on the loan because he couldnt. We verbaly agree we own it 50/50 and my Dad was just cosigning.

There is NO SUCH THING as a verbal agreement on real property!!!

See... here you go again... contradicting yourself!!
Now, you say that Dad was just a co-signer and earlier you said "my dad and I are on the title".

Clearly, you have NO idea what you are doing. Take all your documents (and contradictions) to a local attorney who gets paid to try to figure out what the hell you are trying to say. We cannot help the ignorant.

 

[ecmst12]

You need to break up with that irresponsible low-life and evict him from YOUR HOUSE. Let him try to sue to get his down payment back if he wants...he may win, but he may not even try if he can't afford an attorney. If he can't afford car insurance, a lawyer is likely out of the question. You are dragging yourself down by being involved with him.

 

[btr8d]

thanks everyone. I know I am in idiot and I should kick him out, that is a whole different Oprah show there!
Hey stupid moves and people like me are what keeps attorneys and this web site going strong. I never meant any harm and I surely didnt mean to ruin your day Jetx. Again, thanks everyone.

 

[JETX]

I surely didnt mean to ruin your day Jetx.

You didn't ruin my day, in fact you had no impact on it at all.

It is extremely frustrating to try to give legally ACCURATE advice to someone.... when their story keeps changing.

 

[Antigone*]

thanks everyone. I know I am in idiot and I should kick him out, that is a whole different Oprah show there!
Hey stupid moves and people like me are what keeps attorneys and this web site going strong. I never meant any harm and I surely didnt mean to ruin your day Jetx. Again, thanks everyone.

We actually don't do Oprah or Dr. Phil on this site, and Stupid people and people like you who don't pay attorney's fees don't keep this site going whatsoever.

 

[btr8d]

Jeeze... how many times do I have to say this...
IF HIS NAME IS NOT ON THE TITLE, HE HAS NO OWNERSHIP!!!!


If that is the case, then rely on your partnership agreement to resolve your problems.


There is NO SUCH THING as a verbal agreement on real property!!!

Morals? I gave my word and we are not talking about a ten dollar transaction here. I am not scandalous. I made a promise, a committment to the guy that I thought I was going to be in a long term relationship with. I never dreamed I would need a contract. So what if on paper it is all mine, I know better. We agreed that I had the credit and he had the cash and together, with a little help from my dad, we would purchase this house and live happily everafter. I am not without morals and I cant just take the guys 100k and say see ya later, its been real. Maybe I am not such a good judge of charector as it turns out, but how wrong of me would that be if I denied his right to ownership? I am not trying to screw him even though he could care less about doing it to me.

See... here you go again... contradicting yourself!!
Now, you say that

Dad was just a co-signer and earlier you said "my dad and I are on the title".

how is that a contradiction? maybe I am not using accurate verbiage. Dad signed the papers for the loan because at the last minute my bf and I together didnt qualify hence dad's name is on the title but dad would not claim it as his when the bf put all the money in it, would you? I cant in good conscience just disregard that fact either. What am I supposed to do tell the guy, "sorry you turned out to be the worst mistake of my life, thanks for the 100k now get the hell out"? You call me ignorant and couldnt be more wrong. Educated, yes. Common sense, yes. Gullable, yes. Legal expert or analyst, unfortunetly no. Back stabbing evil person, absolutely not!

Clearly, you have NO idea what you are doing.

yes and isnt that why most people come to you in the first place?

[

B]Take all your documents (and contradictions) [/B]

to a local attorney who gets paid to try to figure out what the hell you are trying to say. We cannot help the ignorant.

If I had any documents to take to an attorney I would and if I thought paying you would help me, I'd pay. If I wanted to be critisized I could have called my Mom. I came to you for advice because that is what the ad said you do here. My situation is complicated but it is what it is, like it or not