I am a co-owner of a house (in Pa) that doesn’t live in the house, what are my rights

[jms108]

What is the name of your state (only U.S. law)? Pa

I am looking for some advice before I go to see a real estate attorney about my current situation where I am a co-owner of a property. I am “now” aware that I should have done some sort of a contract before entering this real estate deal so please spare me the lectures lol.

I purchased a house in September of 2009 with my then girl friend (mother of my child). I am the primary borrower on the loan and she is the secondary borrower. I put $1,000.00 (pre-move in) of my own money into the house and we received a gift from one of her relatives for approximately $9,000.00 to cover the closing costs. Shortly (3-4 weeks) after we moved into the house she notified me of her wish to be single and then shortly after that I found out she had started some sort of a relationship with another guy. Over a 18 month period after the home purchase she made the living environment at the house so unhealthy for me and my little girl I was more or less forced to move out. I moved out in April of 2011 with a promise from her that she would take over 100% of the bills including the mortgage and pay everything on time. Not wanting/being able to pay 100% of the house bills and mortgage I decided it was for the best for her to stay and me to go. For the approximately 18 months I lived in the house I paid 45% of all the bills including the mortgage. In May of 2011 I learned that there was a male roommate/her new boyfriend that is more or less living in the house with her. Everything is out of my name now but the mortgage, which is being paid in full and on time so I can’t complain there.

I didn’t buy the house with her just as an investment but that is an added plus of owning a home. My long term plan was to rent the house out years down the road when we upgraded. I feel as though a financial investment has been pulled out from under me. I am not looking to get even but rather maintain the status of home owner with at least some of the perks. She has not been able to, from what I know, get a mortgage solely in her name so I am still on it. I am not even sure I would “want” to sign it over to her even if she offered me money. So my questions are as followed…

1. What can/should I do to make out from this bad situation?
2. Can I collect some sort of rent since someone else is living there with her?
3. From what I know I can not declare the house of my taxes since I am not paying on it even though it is my SSN that is listed with the IRS.

Any help would be greatly appreciated. And as I stated I have moved on from the relationship but not being a homeowner in some way shape or form is the real pain. I am also aware that the timing of her wanting to be single is very very shady.

Thanks in advance

 

[LdiJ]

What is the name of your state (only U.S. law)? Pa

I am looking for some advice before I go to see a real estate attorney about my current situation where I am a co-owner of a property. I am “now” aware that I should have done some sort of a contract before entering this real estate deal so please spare me the lectures lol.

I purchased a house in September of 2009 with my then girl friend (mother of my child). I am the primary borrower on the loan and she is the secondary borrower. I put $1,000.00 (pre-move in) of my own money into the house and we received a gift from one of her relatives for approximately $9,000.00 to cover the closing costs. Shortly (3-4 weeks) after we moved into the house she notified me of her wish to be single and then shortly after that I found out she had started some sort of a relationship with another guy. Over a 18 month period after the home purchase she made the living environment at the house so unhealthy for me and my little girl I was more or less forced to move out. I moved out in April of 2011 with a promise from her that she would take over 100% of the bills including the mortgage and pay everything on time. Not wanting/being able to pay 100% of the house bills and mortgage I decided it was for the best for her to stay and me to go. For the approximately 18 months I lived in the house I paid 45% of all the bills including the mortgage. In May of 2011 I learned that there was a male roommate/her new boyfriend that is more or less living in the house with her. Everything is out of my name now but the mortgage, which is being paid in full and on time so I can’t complain there.

I didn’t buy the house with her just as an investment but that is an added plus of owning a home. My long term plan was to rent the house out years down the road when we upgraded. I feel as though a financial investment has been pulled out from under me. I am not looking to get even but rather maintain the status of home owner with at least some of the perks. She has not been able to, from what I know, get a mortgage solely in her name so I am still on it. I am not even sure I would “want” to sign it over to her even if she offered me money. So my questions are as followed…

1. What can/should I do to make out from this bad situation?
2. Can I collect some sort of rent since someone else is living there with her?
3. From what I know I can not declare the house of my taxes since I am not paying on it even though it is my SSN that is listed with the IRS.

Any help would be greatly appreciated. And as I stated I have moved on from the relationship but not being a homeowner in some way shape or form is the real pain. I am also aware that the timing of her wanting to be single is very very shady.

Thanks in advance

Well, if you collected rent for your 1/2 of the house, then you would also have to pay 1/2 of the mortgage...which would likely be a wash or so close to a wash that it wouldn't be worth the hassle.

Its unlikely that the house has any equity since it was only purchased 2 years ago...so forcing a sale wouldn't do you any good.

 

[FarmerJ]

Since her parents helped her out perhaps you can have the talk with her to see if her parents would assist her again even if it meant them co signing with her for a new mortgage to buy you out this way you wont have to keep track to moniter that the monthly mortgage is paid on time, later on if she blows it up and doesnt pay. if your not tied to a mortgage for the home it will be her problem, If she doesnt or will not do any thing to agree to this remember your going to have to sue her for partition of the home even if that means in court asking the court to require her to refi even if you agree to give her what you put into it just to be done with it or for the home to be sold, (under the threat of court ordered sale perhaps her parents would be happy to co own with her)

 

[jms108]

Well, if you collected rent for your 1/2 of the house, then you would also have to pay 1/2 of the mortgage...which would likely be a wash or so close to a wash that it wouldn't be worth the hassle.

Its unlikely that the house has any equity since it was only purchased 2 years ago...so forcing a sale wouldn't do you any good.

I guess I should have explained that better. What I mean is do I get half of his share of "rent" payments in the form of equity and tax deductions (i.e. 25% to declare on taxes for the house and 25% of equity at closing)?

I/she was not planning on selling any time soon.

 

[jms108]

Since her parents helped her out perhaps you can have the talk with her to see if her parents would assist her again even if it meant them co signing with her for a new mortgage to buy you out this way you wont have to keep track to moniter that the monthly mortgage is paid on time, later on if she blows it up and doesnt pay. if your not tied to a mortgage for the home it will be her problem, If she doesnt or will not do any thing to agree to this remember your going to have to sue her for partition of the home even if that means in court asking the court to require her to refi even if you agree to give her what you put into it just to be done with it or for the home to be sold, (under the threat of court ordered sale perhaps her parents would be happy to co own with her)

It was actually her mothers x husband/her x stepfather. I tried that angel when I was still living there but with out even asking him he thought I was even nuts for thinking it was part my house to begin with. I am not quite sure why not one single family member stepped up to the plate for her especially the x stepfather.

I also wonder how much I could get as a buyout if she was able to refi/get the mortgage in her name.

 

[davidmcbeth3]

Its unlikely that the house has any equity since it was only purchased 2 years ago...so forcing a sale wouldn't do you any good.

I don't know about that - worried about putting more good money after bad. I would force a sale. wash your hands of this property before you get some lawsuit on your hands for some reason or another; otherwise, be prepared to pay 100% of bills w/o you living there.

 

[jms108]

I don't know about that - worried about putting more good money after bad. I would force a sale. wash your hands of this property before you get some lawsuit on your hands for some reason or another; otherwise, be prepared to pay 100% of bills w/o you living there.

We would be very up side down.

 

[Zigner]

We would be very up side down.

Feel free to ignore davidmcbeth3. His advice will not help you.

 

[jms108]

Feel free to ignore davidmcbeth3. His advice will not help you.

I have thought about forcing a sale but in the end it would 100% cost me a lot.