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Khs

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khsnsx

Junior Member
What is the name of your state (only U.S. law)? NEW YORKLooking for some sound advise. I purchased a 2 family home in 1989 with an in-law on the deed. Both familes were to split the mortgage 50/50 and watch our grand children grow up. The in-law did not contribute any money towards the purchase of the house but did make payments on the mortgage for 3 years. He then packed up and vanished with his family in tow. No contact what so ever until 2008 when the in-law decided to sue our bank first. Our bank then contacted us and said that it was our problem. we were never contacted all those years and were unable to reach him or anyone regarding re-financing years ago. I have been paying over 11% interest since 1989 and was unable to ever re-finanace because we were unable to locate him. I understand he is entiltled to some money because his name is on the title but how much? over sixteen years with out a word and now being suied. what are my rights? Is he entitled to half the house. Can we be forced to sell even though he caused an extreme hardshipship on the remaining family. he backed out! can we sue him in civil court?
 


nextwife

Senior Member
Do you have an ownership agreement between you outlining each parties responsibilities? Why is he suing the bank?

You need a real estate attorney.
 

FarmerJ

Senior Member
No ifs ands or buts you will have to see a atty about starting a partition suit or your options. BUT before you go, time for a note book , add up every thing the other party paid up until the time they moved away , then add up every thing you paid during that time frame and then start a new column and add up what you paid alone, Mortgage , ins , taxes , have another column for what would be maint expenses for common areas of the structure , like exterior trim , or roof repairs or repair of other common things , like if home has one sewer line and it had to be dug up and repaired include that or the fence repairs if the back yards is one huge common yard. Repairs that were only to the other unit that they moved from another column since your own inside repairs dont count, like that new counter top in your kitchen. Having all the numbers handy will assist a a atty helping you determine a number to use if you sue for partition. BTW if you rented the other part of the house out make sure you inform the atty of it.
 

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