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  #1  
Old 02-17-2005, 12:21 PM
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Crazy mother-in-law


What is the name of your state? New York
My husband and I bought a home with my mother-in-law in 1997. All three names are on the deed. She put down 90,000 (from the previous sale of her home) and we mortgaged the rest, with her name originally on the mortgage also. She decides she is going to marry on again off again boyfriend of 20 years in 2002. She wants us to sell house because she thinks we cannot afford it. We remortgage to afford it and her name is no longer on mortgage. Wedding falls through and she stays. Go through same issue again in 2003 (sans the remortgage). Plans fall through and she stays. She finally moves out with boyfriend in November of 2004. As of last week, she says she can no longer afford her share of the tax money and we are doing all upkeep now and paying entire tax bill. Since she vacated the property, has put no money toward upkeep in about 3 years, and now is no longer paying toward taxes, can she ever force us to sell this house? Or is there some law where she will start losing her interest in the home she fails to contribute to over time? Can she force a sale if there are schoolage children involved?
Thank you.
  #2  
Old 02-17-2005, 01:40 PM
seniorjudge
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Q: Since she vacated the property, has put no money toward upkeep in about 3 years, and now is no longer paying toward taxes, can she ever force us to sell this house?
A: Yes, this is called a partition or forced sale lawsuit; she is one of the owners and can force a sale.

Q: Or is there some law where she will start losing her interest in the home she fails to contribute to over time?
A: No.

Q: Can she force a sale if there are schoolage children involved?
A: What do you mean?
  #3  
Old 02-17-2005, 03:44 PM
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When we all moved in together my children were 7 and 6 months. They are now 7 and 14 and both enrolled in school. It would be upsetting to them and their education (having to possibly change schools and maybe even school districts) if we were forced to sell. How long do partitions usually stay in the court system. I can't believe there is no law to protect owners who are still upkeeping the property and paying the taxes over an owner who has vacated and is doing nothing. It seems so unfair.
  #4  
Old 02-17-2005, 04:03 PM
seniorjudge
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Q: How long do partitions usually stay in the court system.

A: It depends on how complicated it is and how much someone fights it.


Your kids have nothing to do with this unless their name is on the title.
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