Change of child custody order: prostitution and DUI's

[stealth2]

None of which has to do with the child's welfare. Focus.

 

[HRZ]

Agree the property fight has nothing to do with childs welfare ....

Unless Dad somehow agreed to the exclusive use of premises by others , he has co equal right to be in home ...so what's the real beef?

MY guess is it's going to be far cheaper and faster to cut cards or have an internal auction for the 50 % than the legal bills to implement partition .

 

[DustinB15]

I agree that you are due compensation for the money that you put into the property and therefore do not have available to use to find alternate housing. I agree that legally you own half of the house (which you could continue to own even if you didn't live there anymore). However, morally you should probably give your dad his house back as long as you get compensated.

We asked for a buy out but hes basically ignoring it. He thinks I don't have a case even tho I own 50% outright

 

[DustinB15]

Agree the property fight has nothing to do with childs welfare ....

Unless Dad somehow agreed to the exclusive use of premises by others , he has co equal right to be in home ...so what's the real beef?

MY guess is it's going to be far cheaper and faster to cut cards or have an internal auction for the 50 % than the legal bills to implement partition .

That is the real beef. We went down and I was out in deed 50% undivided rights joint owner (or something like that) my issue is how he turned on us after his wife came back and wanted to kick us off after I gave him a year of no responsibility. We've been living in the house a year and no contract exsists. I don't think he can move in the house if he wants. My custody case is priority A, the house is B. But it's extremely draining with both. I believe that's the motive with him. So I lose focus.

 

[HRZ]

1. Confirm the way deed is titled ...it's probably 50/50 tenants in common but check it and make a copy of same,

2. I believe as a layman and a good bit of dabbling in RE investments that unless there is a clear record that he agreed or acquiesced to your sole occupancy of the joint premises that he is entitled to show up with a uhaul and move in with you! BUT if in fact he moved out and you were there for a year , paying the bills, making the improvements , then I think there is a decent point that he in fact agreed /acquiesced to your sole use. Let your lawyer advise.

Dad is apparently ganging up with child's mother to play both cards against you?
Use your lawyer to play stronger hands!

 

[DustinB15]

1. Confirm the way deed is titled ...it's probably 50/50 tenants in common but check it and make a copy of same,

2. I believe as a layman and a good bit of dabbling in RE investments that unless there is a clear record that he agreed or acquiesced to your sole occupancy of the joint premises that he is entitled to show up with a uhaul and move in with you! BUT if in fact he moved out and you were there for a year , paying the bills, making the improvements , then I think there is a decent point that he in fact agreed /acquiesced to your sole use. Let your lawyer advise.

Dad is apparently ganging up with child's mother to play both cards against you?
Use your lawyer to play stronger hands!

Thank you, the deed is titled (father) and (mother) as to 50% undivided interested, and their son, (me), a married man, as to a 50% undivided interested, all as JOINT TENTANTS.

The real property in the unincorporated area of the county.

 

[DustinB15]

1. Confirm the way deed is titled ...it's probably 50/50 tenants in common but check it and make a copy of same,

2. I believe as a layman and a good bit of dabbling in RE investments that unless there is a clear record that he agreed or acquiesced to your sole occupancy of the joint premises that he is entitled to show up with a uhaul and move in with you! BUT if in fact he moved out and you were there for a year , paying the bills, making the improvements , then I think there is a decent point that he in fact agreed /acquiesced to your sole use. Let your lawyer advise.

Dad is apparently ganging up with child's mother to play both cards against you?
Use your lawyer to play stronger hands!

Wouldn't buying a trailor and placing it on the property and living in it for a year be a clear record that he agreed or acquiesced to sole occupancy of the joint premises? When the police were called when the big fight happened he tried to say he had the right to go into the house and cop asked if he had anything that was his inside. He said no (except applicances that are part of the house) the cop told him since we lived in the house for a year and he lived in another place on the property he didn't have a right to enter. Is he wrong?

 

[HRZ]

Cops keep the peace and they did so....they do not make court decisions as to who has what rights .....I tend to agree that Dad and perhaps Mom acquiesced to your having sole occupancy of the house .

Do either you or Mom/Dad have the resources for about 50% buyout of the other?

 

[DustinB15]

He has 200k in retirement. He could do the $50k buyout if he wanted. It's way less than I probably could get. Property is worth around 300k

 

[Zigner]

He has 200k in retirement. He could do the $50k buyout if he wanted. It's way less than I probably could get. Property is worth around 300k

Don't just assume that he has ready and penalty-free access to retirement funds.

 

[DustinB15]

Don't just assume that he has ready and penalty-free access to retirement funds.

I know he will be penalized if he pulls out money but, he can afford it. He makes around $2600 a month, and has around $200k in retirement. His wife makes around $3000 a month now taking care of her parents with IHSS. TBH after he decided to take things to a extreme with my daughter and ex wife knowing damn well who she is I kinda couldn't care less what happens. It's sad because the property has been in our family since the 60's but I'm not going to screw my kids over and leave with notjing. My wife is Hispanic so she's very family oriented. My family is a bunch of loners. When he called crying because his wife of 20 years decided she didn't like the finical life style since he retired and moved I made the decision to try to get closer to him and help him. Christmas, birthdays all that he didn't even come into the house and see the other kids. Only my daughter. I literally only seen him about 30 times total the whole year. He stayed in that trailor and just spent money like nothing because now he had no bills. He couldn't care less about anyone but himself and just used us. I was still being nice asking for only $50k IMO.

 

[DustinB15]

I feel like a Jerry spinger episode lmao

 

[DustinB15]

And the mortage is only $500 a month. Plus I put solar and all kinds of improvements on it.

 

[Zigner]

I know he will be penalized if he pulls out money but, he can afford it. He makes around $2600 a month, and has around $200k in retirement. His wife makes around $3000 a month now taking care of her parents with IHSS. TBH after he decided to take things to a extreme with my daughter and ex wife knowing damn well who she is I kinda couldn't care less what happens. It's sad because the property has been in our family since the 60's but I'm not going to screw my kids over and leave with notjing. My wife is Hispanic so she's very family oriented. My family is a bunch of loners. When he called crying because his wife of 20 years decided she didn't like the finical life style since he retired and moved I made the decision to try to get closer to him and help him. Christmas, birthdays all that he didn't even come into the house and see the other kids. Only my daughter. I literally only seen him about 30 times total the whole year. He stayed in that trailor and just spent money like nothing because now he had no bills. He couldn't care less about anyone but himself and just used us. I was still being nice asking for only $50k IMO.

See, there's your problem. You believe that your view of things is what should control how he handles his money. "He can afford it" is a very presumptuous statement for you to make. It's really not your place to say what he can and cannot "afford".

 

[HRZ]

Your math is sloppy...if you own 50% of a property worth about $300,000 with no debt against the property senior to your interest then your share is worth about $150,000 ...how any of the owners secure funding to buy out the other is a different kettle of stew.

And quite frankly if you offered in writing a buyout of $50k and he rejected same I'd be keen to paper that the offer was rejected and no longer on the table ...oral offers/deals as to real estate are most unlikely to hold up.

Mom and Dad have multiple options to secure loans to buy you out ...one question is do you have financial resources to get loans whatever to buy them out ...assuming a Solomon like buyout of $ 150,000?

Dads role as a lousy parent or a lousy money manager in your view is not relevant to the buyout issues