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smocksam

Junior Member
What is the name of your state? Kansas!

I'm not sure where to put this one, so I'll start here.

I was married in Oct of 2003. In June 2004 my wife and I were looking for a house to buy. Our credit was poor and we couldn't get a good rate on a loan, so her parents got a loan in their name and we paid the full mortgage payment. The agreement was that we would be buying the house on a contract agreement until we could refinance the house and get the loan in our name.

When we bought the house and were getting ready to move in, the in-laws started spending money left and right on the house. They bought new appliances and the big thing was they had vinyl siding installed. Even though we were buying the house, they did it without any consent from me.

This spring the wife and I were divorced. She moved out and her father told me that we had a gentleman's agreement and would honor the contract until I could refinance the house. He kept putting off signing actual paperwork until the divorce was settled so while we've got preliminary paperwork, we've got nothing signed.

So a week or so ago he approached me and wanted me to buy the house from him outright by Oct 1st or he wants me to move out.

I looked and I can get a loan with no problems, but the problem is the asking price. He is wanting me to pay him back for all the money he has spent on siding, etc.

The money he spent is beyond what the house is valued at. The original note for the house was for 88k. He's now expecting me to pay 105k or vacate.

Here is the problem. I've spent between $5-10,000 on the house myself. I finished the basement and built a deck. All this was done under the assumption of a verbal contract that I'd be keeping the house. Now he's changing horses mid stream on me and trying to rip me.

So where do I stand and what can I do. I'd honestly prefer to keep the house, but I"m not going to pay him $20k over what I originally agreed to pay. I don't know if he'll negotiate or not.

If he doesn't negotiate, what can I do to make sure they pay me for the improvments I've made to the house?

I"ve been told I could file a mechanics lien, but am not sure about what's involved with that.

Is there anything else that can be done to insure I get what's coming to me if we don't negotiate something?


Also they've been saying that I didn't give my ex her fair amount of property in the divorce. We sat down and did up a divorce agreement and listed out the things that her and I would take. Unfortunately the ex thought it was a joke and only listed a few things that she wanted to take.

So correct me if I'm wrong, but she's only entitled to what is actually on the divorce agreement right? Everything else including all the appliances are in my possesion and have been for 6 months. Does that legally make them mine?

Thanks for any help you can provide!
 



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