New boiler installation without other owners signature

[Freedom36]

I need to purchase a new boiler because the previous one broke. I share 50/50 ownership in New Jersey with someone who decided dealing with the upkeep of a house was too much, having said that I have been living in and maintaining the house for 8 months alone. To get a boiler I am told that I need the other owner's signature because they consider this to be a home improvement, which I consider maintenance; if I don't get a boiler I will freeze, how is that an improvement? Is their any way around getting the other person's signature?

 

[Zigner]

I need to purchase a new boiler because the previous one broke. I share 50/50 ownership in New Jersey with someone who decided dealing with the upkeep of a house was too much, having said that I have been living in and maintaining the house for 8 months alone. To get a boiler I am told that I need the other owner's signature because they consider this to be a home improvement, which I consider maintenance; if I don't get a boiler I will freeze, how is that an improvement? Is their any way around getting the other person's signature?

Who told you that you also need the other owner's signature?

 

[Freedom36]

The company who I'm shopping for a boiler from said it's policy.

 

[Zigner]

The company who I'm shopping for a boiler from said it's policy.

The way around getting the other person's signature is to buy the boiler from a company that doesn't have that policy. At this point, yours is not a legal question.

 

[latigo]

I need to purchase a new boiler because the previous one broke. I share 50/50 ownership in New Jersey with someone who decided dealing with the upkeep of a house was too much, having said that I have been living in and maintaining the house for 8 months alone. To get a boiler I am told that I need the other owner's signature because they consider this to be a home improvement, which I consider maintenance; if I don't get a boiler I will freeze, how is that an improvement? Is their any way around getting the other person's signature?

That is plain stupid. Even for New Jersey.

The company needs to" improve" on their "policy" including recognizing that if it were to sell and install the boiler it would have a mechanics and/or materialmens lien on the home whether or not the other co-owner signed/consented.

It seems rather obvious to ask, but is there some particular reason why you can't arrange for the purchase and instillation of a replacement from another source and without involving a senseless argument over semantics and policy?

Whether one chooses to call it an improvement or maintenance it boils (sorry) down to a question of the preservation of the plumbing system and you. And for former the other co-tenant can be held to contribute to one-half of the necessary cost.

 

[Freedom36]

All very good points and inquiries. I wanted to fish and see if anyone thought of this like I did (policy is not law) I just found out about this policy and the consultation is scheduled for tomorrow & I already had other companies on reserve later on in the week (who may not have said policy); I didn't think this was a legal issue, but it does raise a bigger issue that I need to address. How to get this person off the deed and mortgage with the least amount of friction and disturbance to my life. I know commonly (buy out/refinance, the co-owner contributes to the mortgage because legally they have to, but I have done all landscaping, ground Maint. and interior design this was a lot of work in addition to financing things like the boiler. This is a lot to take a loss.

 

[Freedom36]

Can you expound on this, what do you mean " including recognizing that if it were to sell and install the boiler it would have a mechanics and/or materialmens lien on the home whether or not the other co-owner signed/consented"

 

[Zigner]

Can you expound on this, what do you mean " including recognizing that if it were to sell and install the boiler it would have a mechanics and/or materialmens lien on the home whether or not the other co-owner signed/consented"

The merchant/installer would have a lien against the house, whether or not the other party signed.

 

[Kiawah]

Whip out the cash, they'll install it.

 

[justalayman]

As Kiawah implied;

Their position is likely based on you buying the boiler on credit. If so you will likely find similar resistance from any company. By buying the boiler on credit you are going to be allowing a lien to be placed on your home where all owners permission is by far the preferred condition.


Pay cash and I am quite confident nobody will give a darn about the other owner.

 

[justalayman]

The merchant/installer would have a lien against the house, whether or not the other party signed.

Yes but there is a difference in a mechanics lien and a product like a heloc in the processes available to the creditor in needing to force collection of the debt. The installer is going to want the easiest path to their money and that is through a lien granted by both homeowners (such as a mortgage or heloc would be) as opposed to a lien allowed by a mechanics lien process.