D
Dozer
Guest
The basic story is: I purchased a house with my ex-girlfriend,
about a year and a half ago in San Francisco.
We broke up about 6 months ago, and she told me I had to move out if 'I were going to date other women'. I wasn't dating at the time, but still found a place to live at in Foster City with a roommate.
She was supposed to rent the place out, and the rent received was to cover my rent in Foster City, but she was never able to.
She has completely denied me access to the property, putting the chain on the front door and leaving via the garage so that I cannot get in. She now states she had no intent to lock me out, but she could have used the deadbolt instead of the chain, which would be more secure, and I could get in, and additionally doesn't even use the alarm system and knowingly leaves a window open on the first floor.
Her lawyer sent me a letter today stating that she now occupies the house and I must give her advance notice before entering the property. (This sounds nuts to me, it's my house, she's not a tenant).
We have a contract between us that states a few things, that we each have 50/50 ownership, that we both have equal right to live there (which I think she has violated), and that if one party wants to sell they must give 60 days notice (which I've given), and the other person can buy the other out at the appraised price. (Section 6 of the contract is listed below). Does her violating section 4 of the contract by denying me my right to live there invalidate the part of the contract pertaining to the sale of the property?
She also tried to tell me that I had to pay her commission. ($15,000 approximately). Because in case she has to sell the property at some point, that I need to pay my fair share, and she'd just hold onto it for me. This of course is insane because the whole point is for her to keep the place, and what she does with the property afterwards is her business. I feel she's trying to
steal money from me, and I'm very mad about her trying to rip me off.
I know I have the right to move back in, and have told her I'm doing so. I've also told her (verbally) that I will most likely bring my cat. She is hideously, horribly allergic to cats, dogs, etc. Can she stop me from doing so? Is it legal for me to force bringing my cat? I've had the cat for many years now, and while we were living together in the house previously I had the cat stay at her Mom's place, but don't see any reason I have to now.
I also have not been charging her for the DSL line installed in the house, and will need to reclaim it for my own use once I move back in, as I need it to do my work. She works from home and claims my doing so is attacking her livelyhood.
What can I do legally to force a fair price for the sale of the house? We paid $622k for it a year and a half ago, and I'd like to get at least $575k-$600k for it now, but I'm expecting her appraisal to be a lowball in the area of $525k. We've also refinished all the hardwood floors upstairs, and painted the entire interior of the house (which took forever). Can I sell it out from under her on the open market? Force her to pay what
others would? List the property during these 60 days? Buy the property at her lowball appraisal price and turn around and sell it for a profit?
When I was at the house today discussing things with her (calmly and rationally with her mother there too), she threatened to call the cops and have me forcibly removed from my own house.
I really need to find out if she has any legal leg to stand on in these regards.
Thanks for your time.
Section 6 of the contract between us reads:
Either party as joint owner may petition a court for partition of their ownership rights to include the sale of real Property. Both parties agree that they shall wait 60 days after verified written notification before implementing the provisions for the sale of the Peroperty, unless the parties mutually agree to waive this provision. If either party wants to sell their interest in the Property the other agrees either to:
a) sell the Property on the open market and divide the proceeds according to equity percentage plus or minus additional down payments as directed in this agreement, or
b) buy or sell the other's interest at fair market value to be determined as follows:
Both parties shall state what they consider to be the fair market value after they each obtain an independant appraisal. If the parties cannot agree each appraiser shall nominate a third appraiser. In the event that any appraisal differs from the next closest appraisal by a margin of over 10%, either party may request that appraisal to be discarded and a new appraisal performed for the purposes of averaging. The average of these 3 appraisals shall determine the fair market value of the property. For the purpose of this agreement and appraiser can be a licensed real estate broker or a certified MAI appraiser.
about a year and a half ago in San Francisco.
We broke up about 6 months ago, and she told me I had to move out if 'I were going to date other women'. I wasn't dating at the time, but still found a place to live at in Foster City with a roommate.
She was supposed to rent the place out, and the rent received was to cover my rent in Foster City, but she was never able to.
She has completely denied me access to the property, putting the chain on the front door and leaving via the garage so that I cannot get in. She now states she had no intent to lock me out, but she could have used the deadbolt instead of the chain, which would be more secure, and I could get in, and additionally doesn't even use the alarm system and knowingly leaves a window open on the first floor.
Her lawyer sent me a letter today stating that she now occupies the house and I must give her advance notice before entering the property. (This sounds nuts to me, it's my house, she's not a tenant).
We have a contract between us that states a few things, that we each have 50/50 ownership, that we both have equal right to live there (which I think she has violated), and that if one party wants to sell they must give 60 days notice (which I've given), and the other person can buy the other out at the appraised price. (Section 6 of the contract is listed below). Does her violating section 4 of the contract by denying me my right to live there invalidate the part of the contract pertaining to the sale of the property?
She also tried to tell me that I had to pay her commission. ($15,000 approximately). Because in case she has to sell the property at some point, that I need to pay my fair share, and she'd just hold onto it for me. This of course is insane because the whole point is for her to keep the place, and what she does with the property afterwards is her business. I feel she's trying to
steal money from me, and I'm very mad about her trying to rip me off.
I know I have the right to move back in, and have told her I'm doing so. I've also told her (verbally) that I will most likely bring my cat. She is hideously, horribly allergic to cats, dogs, etc. Can she stop me from doing so? Is it legal for me to force bringing my cat? I've had the cat for many years now, and while we were living together in the house previously I had the cat stay at her Mom's place, but don't see any reason I have to now.
I also have not been charging her for the DSL line installed in the house, and will need to reclaim it for my own use once I move back in, as I need it to do my work. She works from home and claims my doing so is attacking her livelyhood.
What can I do legally to force a fair price for the sale of the house? We paid $622k for it a year and a half ago, and I'd like to get at least $575k-$600k for it now, but I'm expecting her appraisal to be a lowball in the area of $525k. We've also refinished all the hardwood floors upstairs, and painted the entire interior of the house (which took forever). Can I sell it out from under her on the open market? Force her to pay what
others would? List the property during these 60 days? Buy the property at her lowball appraisal price and turn around and sell it for a profit?
When I was at the house today discussing things with her (calmly and rationally with her mother there too), she threatened to call the cops and have me forcibly removed from my own house.
I really need to find out if she has any legal leg to stand on in these regards.
Thanks for your time.
Section 6 of the contract between us reads:
Either party as joint owner may petition a court for partition of their ownership rights to include the sale of real Property. Both parties agree that they shall wait 60 days after verified written notification before implementing the provisions for the sale of the Peroperty, unless the parties mutually agree to waive this provision. If either party wants to sell their interest in the Property the other agrees either to:
a) sell the Property on the open market and divide the proceeds according to equity percentage plus or minus additional down payments as directed in this agreement, or
b) buy or sell the other's interest at fair market value to be determined as follows:
Both parties shall state what they consider to be the fair market value after they each obtain an independant appraisal. If the parties cannot agree each appraiser shall nominate a third appraiser. In the event that any appraisal differs from the next closest appraisal by a margin of over 10%, either party may request that appraisal to be discarded and a new appraisal performed for the purposes of averaging. The average of these 3 appraisals shall determine the fair market value of the property. For the purpose of this agreement and appraiser can be a licensed real estate broker or a certified MAI appraiser.
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