money dispute!

[LucasB]

What is the name of your state? OH

I was wondering if anyone could give me some advice on a situation. I will try my best to briefly describe it. My Boyfriends sister was in an accident that disabled her. She is in a wheelchair. The three of us decided that we were going to get a house together. At first an attempt was made to get the loan in my name and her name, but it did not pass. Her credit was too bad, and it had to go in my name only. We had verbally agreed that we would split the mortgage into thirds. which would be $200 a person. We went FHA, so we had to make a lot of repairs on the house. She put about $3000 in, and we put about the same in. Well, 2 months after we got the house, she decided she couldnt afford her part of the bills, and is moving out. She wants all of her money back. I dont think this is fair, because she renigged on the deal, and now we will be paying her share for the remainder of the loan. She says she talked to a lawyer and he said that she could take us to civil court and get the money back because she has receipts and cancelled checks. Will this hold up in court? There was never a written agreement for anything. Any help would be appreciated.

-Luc

 

[racer72]

Tell her good luck. Does she think she gets to live someplace for free for the 2 months? Without any kind of written agreement, she has a very weak case.

 

[JETX]

"Will this hold up in court?"
*** There is really no way that anyone can answer your question accurately since we have not reviewed ALL the documents and facts. There is a chance (how much?) that it could in fact 'hold up' if she is able to show the court that she has some right to recovery.

"There was never a written agreement for anything."
*** And naturally, that will make it harder for her to try to prove her case... and for you to. The bottom line here is that she apparently has checks to show that she paid funds to SOMEONE. And she will very likely claim that there was some agreement in place as to those funds. The problem that you (or the payee) will have is in trying to show the court what those funds were for and what obligations there were.

 

[LucasB]

Ok...thanks for the imput. She has now moved all of her stuff out. I haven't heard anything else about a lawyer...It may have just been a scare tactic to get some money out of me. However, there was another issue. When she lived here, she had a ramp donated to her for the house. Basically the lumber and labor were donated. A small deck with a ramp was built from the front door. In order to do this, they had to tear up part of the side-walk, take out a ornamental bush, and of course, dig and cement the posts in. She tried to have someone come and take it down the other day. I called the cops, and they said that I could ask anyone but her to leave my property. I did this. The police said they could not get involved in the taking of the ramp, because it was a civil matter. Would this not be considered theft? I mean it is now a permanent structure connected to the original porch. To take it out would leave a lot of damage to the yard. I hope I dont sound ignorant...I just dont know anything about the law. The police did say that I have the right to request that Nobody be on my property. So, does this now mean that if someone were to come and take it down, they would be trespassing? Thanks for any help.

-Luc

 

[stephenk]

why dont you and your other partner take a line of credit against the house and pay her portion back. Meet with an attorney to draw up a simple release of all claims against you, your partner and toward any interest in the property and be done with her.

What does she expect to do with a torn out wheelchair ramp?