Is there a way to prevent a co-owner from forcing the sale of our home?

[HoneyBunnyy]

My ex boyfirend and I own a home together (even though he has never made a mortgage payment, by law the home is his too because his name is on the mortgage, we were never married). After almost seven years together, I called it quits, honestly I feel dumb having waited that long for someone as lazy and selfish as him.

As to my question, he wants his name off of the mortgage, but that is impossible unless I could refinance the home on my own. Unfortunately because he is lazy and never helped with the bills, we are both in a tight financial spot and refinancing is not an option. He has threatened me that he will force me to sell the home (even if it sells for less then the mortgage and we are stuck with a debt that.. he of course will shove on me). I don't want to lose my home and I definitely don't want to be stuck with thousands of dollars in debt AND not have a home, that I slaved myself out with two and three jobs at a time to pay for on my own.

What options do I have if any? Is it possible that I can lease out the property to keep him at bay until I can get my finances in order to refinance it? Would leasing/putting the property under a rental contract prevent him from forcing me to sell it?

At this time he has not taken any legal action against me to try and force the sale. I am not even sure if he can since he is absolutely worthless and can't pay bills let alone hire a lawyer... okay sorry for ranting but I am really stressed out about this and can't help but feel a little helpless. Any advise would be appreciated.

Thanks so much!

 

[FarmerJ]

You did not post what state your in , nor did you say how the title is listed. If both of you are listed on the homes title then both of you own it. If you alone are listed on the title but both of you are on the mortgage both are obligated to the mortagage. I would tell you before you see a attorney to prepare a list , one column his name one yours and list who has paid what ( mortgage and ins and reasonable repairs ) and get totals then organize your reciepts. If both of you are listed on the title yes a partition suit can be started by one person but for court it will be useful to have records of who paid what. Is there any possibility that family members of yours can assist you if a court ordered sale were to occur?

 

[HoneyBunnyy]

Thanks for your reply. I live in the state of Louisiana, both of our names are on both the mortgage and the home, My name is first and his is listed as the co. I have always paid with checks for the mortgage which come from my personal account (which has my name only), the insurance and taxes go on my escrow account. I have paid for 98% of all house costs (he has paid for a few utility bills accounting for that 2% if it is even that). I should be able to provide bank statements to prove this.

Yes my family could probably help if necessary, but I would like to try and avoid that if possible, I would hate to cause trouble for them. I am planning to move back up north (where I am from originally) to get a better paying job so I might be able to refinance the home on my own. I would rent out the house while I do this, but I am worried that he will try to force sale of the home while it is being rented, is that possible?

 

[TinkerBelleLuvr]

The thing that comes to mind with your situation is how the owner is "HARMED" by remaining on the loan. If this person was not on the loan, would they be in a position to purchase their own home on their income? Are you always prompt on paying the mortgage? If so, the mortgage is actually HELPING THEIR situation.

 

[HomeGuru]

My ex boyfirend and I own a home together (even though he has never made a mortgage payment, by law the home is his too because his name is on the mortgage, we were never married). After almost seven years together, I called it quits, honestly I feel dumb having waited that long for someone as lazy and selfish as him.

As to my question, he wants his name off of the mortgage, but that is impossible unless I could refinance the home on my own. Unfortunately because he is lazy and never helped with the bills, we are both in a tight financial spot and refinancing is not an option. He has threatened me that he will force me to sell the home (even if it sells for less then the mortgage and we are stuck with a debt that.. he of course will shove on me). I don't want to lose my home and I definitely don't want to be stuck with thousands of dollars in debt AND not have a home, that I slaved myself out with two and three jobs at a time to pay for on my own.

What options do I have if any? Is it possible that I can lease out the property to keep him at bay until I can get my finances in order to refinance it? Would leasing/putting the property under a rental contract prevent him from forcing me to sell it?

At this time he has not taken any legal action against me to try and force the sale. I am not even sure if he can since he is absolutely worthless and can't pay bills let alone hire a lawyer... okay sorry for ranting but I am really stressed out about this and can't help but feel a little helpless. Any advise would be appreciated.

Thanks so much!

**A: your method of lease will not work. Youa re basically stuck as he can force the sale of the property. Search real property partition sale.

 

[TinkerBelleLuvr]

Is your X in a position to purchase a different home, but can't because he has this one? Are you always prompt in paying your mortgage? If so, and he is NOT purchasing another home, you are helping his credit rating. If he goes to court, the courts can order your to refinance in your name within x amount of time or put the home up for sale.

 

[HoneyBunnyy]

Thank you everyone for your replies. No he is not in a position to buy another home, nor does he intend to anytime in the near future. He is just very bitter about the break up and wants to take a stab at me in any way he can, as self destructive as it is for him. He has never even once made a mortgage payment, or part of a mortgage payment. I have always paid the bill and on time, and have done so for over four years.

He says that he just wants his name off so it can be done and over with, or in the event that something should happen to me (I get sick, car accident ect) it would not ruin his credit. This of course makes little to no sense because forcing the sale of a home in such a poor economy will only leave us with a debt and his name will still be on the remaining mortgage. I am continuously trying to talk sense into him/ make peace in an effort to prevent this from happening. Purchasing and repairing this home with my own hands and working very hard over the years at multiple jobs to pay for it has been a great source of pride for me. It made me so happy to see it go from fixer upper, to something really nice. I can only assume that because he is so hateful towards me that he would give anything to take that away from me and this is his way of trying to make it happen. This is the only logical conclusion I can draw from his actions.

In a worse case scenario I will try and convince my father to help me refinance my home, but I want to try and avoid this if I can. He is about to retire and I really don't want to be a burden on my family. That is why I was hoping that there might be some loop hole in the system (like I suggested with leasing it out, which it was said would not work as I had hoped).

I should be safe for the time being as he has not taken any legal action so far, but I want to try and establish a plan before/if it happens. So far as I can tell I only have those two options: refinance or sell, however if anyone can think of anything else or any other ways I might get around this please let me know.

Thanks again.

 

[FarmerJ]

You are free to also have the home appraised to learn what its Market value is now since the economy has changed so much then if you can get refinanced even with parental assistance to have a written agreement with them that they will co own the home and that the home would be rented out with set percent of the rent per month to be set aside for vacancy loss, repairs and the agreement could even allow the rent payments after the monthly mortgage is paid for set number of months where you would then have the chance to buy them out ( partner ship agreement ) Your attorney can assist you negotiating with the ex for a settlement amount and I would say to use the totals of what you paid to help push for settlement because a judge might just permit your totals paid to reduce what ever he gets out of it. (lesser of two evils you know, risk that he ends up with nearly nothing or getting something)