Advise Please - joint mortgage

[lvfnchs]

What is the name of your state? CT

Hello, I purchased a home in August 2002 with my boyfriend. We got a joint mortgage. He has recently become abusive and I am trying to figure out what I can do to get one of our names off of the mortgage. He put down 30k and we have no written agreement regarding separation. I have been approved to refinance the home in solely my name, but he would need to sign something to release his name. He refuses to release his name or mine, even if I can repay him the 30k. What can I do? Can I force him somehow to release his or my name, or am I stuck for the next 30 years? Thank you very much for your responses.

 

[HomeGuru]

What is the name of your state? CT

Hello, I purchased a home in August 2002 with my boyfriend. We got a joint mortgage. He has recently become abusive and I am trying to figure out what I can do to get one of our names off of the mortgage. He put down 30k and we have no written agreement regarding separation. I have been approved to refinance the home in solely my name, but he would need to sign something to release his name. He refuses to release his name or mine, even if I can repay him the 30k. What can I do? Can I force him somehow to release his or my name, or am I stuck for the next 30 years? Thank you very much for your responses.

**A: partition action.

 

[lvfnchs]

What does that mean, partition action? Thank you.

 

[HomeGuru]

What does that mean, partition action? Thank you.

**A: use the fantastic search feature of this website by typing in search word "partition." Thank you.

 

[lvfnchs]

No, thank YOU. Those posts were indeed helpful and now I think I understand correctly. It seems as though I would need to hire a lawyer to file a partition. A partition is something that is filed and then goes to court, and a judge decides what will happen to the house. Both parties, regardless of who filed the partition, must comply with the judge's decision. Now, in my case, are there reasons needed to file the partition? Do I need to get letters and such from people who have witnessed the abuse? Will I need to pay him his 30k back, or upon the sale of the house will we just both get whatever equity is in it equally? Also, does the judge decide how long we have to stay in the house or anything? I have lots of pets, including an aviary with about 30 finches. To move them is very delicate. Thanks again and I appreciate your help with these details. If it turns out that we need to sell the house and I can't get another one on my own, or I have to pay him 30k (which I don't really have although I have great credit) I may have to endure the abuse for a while longer. I wish he'd just leave and make things easier; he has no job right now, no friends in the area...no pets. But he told me he would not make it easy... thanks again and please continue to post your thoughts on this!

 

[HomeGuru]

No, thank YOU. Those posts were indeed helpful and now I think I understand correctly. It seems as though I would need to hire a lawyer to file a partition. A partition is something that is filed and then goes to court, and a judge decides what will happen to the house. Both parties, regardless of who filed the partition, must comply with the judge's decision. Now, in my case, are there reasons needed to file the partition?

**A: yes, you have reasons. And a big one is that big jerk.
*******

Do I need to get letters and such from people who have witnessed the abuse?
**A: no, that is not relevant to the partition action. The partition is a civil action whereas the abuse would be criminal in nature.
********

Will I need to pay him his 30k back, or upon the sale of the house will we just both get whatever equity is in it equally?

**A: that $30K may be counted for a portion of his his equity.
*******

Also, does the judge decide how long we have to stay in the house or anything?

**A: yes and that woudl be subject to negotiation among other issues.
*******


I have lots of pets, including an aviary with about 30 finches. To move them is very delicate.

**A: if you offer to buy him out and it is an accpetable offer to the courts, chances are you will be awarded the purchase rights.

Thanks again and I appreciate your help with these details. If it turns out that we need to sell the house and I can't get another one on my own, or I have to pay him 30k (which I don't really have although I have great credit) I may have to endure the abuse for a while longer. I wish he'd just leave and make things easier; he has no job right now, no friends in the area...no pets. But he told me he would not make it easy... thanks again and please continue to post your thoughts on this!

**A: good luck to you. On the abuse issue, call the police.

 

[lvfnchs]

Just to be clear, is it true that I can just go up to a lawyer and ask for partition, stating only that I feel the person is a jerk? Or do I need to give the lawyer any concrete information, or the judge concrete information......


Regarding calling the police, the abuse is not physical so I can't really call them. I can call a domestic violence crisis line but I think all I would get from them is sympathy. They would also document when and why I call and that can be used as proof...but I guess that's criminal so it doesn't count. Thanks again and if you think of anything else...hints, tips, etc. I'd love to hear them.

 

[HomeGuru]

Just to be clear, is it true that I can just go up to a lawyer and ask for partition, stating only that I feel the person is a jerk? Or do I need to give the lawyer any concrete information, or the judge concrete information......

**A: the only thing you need to do is file for partition. As long as you are one of the owners, you have partition rights. There need not be any reasons other than the other owner refuses to deal.

 

[Pescado]

Hi. Please forgive me if this is considered 'hijacking' this thread. However I read this thread and wondered what could this person do to prevent this situation in the first place. (She bought property with a boyfriend and now wants him out because he's abusive). Is there something she could have set up from the beginning to have him removed easier from the mortgage if the relationship did not work? Just wondering, this is similar to my case that is posted but different in several ways. Thanks. If I should not be posting this question here - please forgive me. Thanks.

 

[lvfnchs]

I don't mind you posting here at all. I've actually been checking back to see if anyone has anything to add. I have not found a good lawyer yet. I spoke with one lawyer who told me that I am basically scr^wed and that the only thing I can do is move out, leave my pets, not pay any bills and wait for forclosure. I am not going to speak to her again, as it was a very upsetting conversation. In answer to your question, I think we could have had an agreement from the beginning, but it would have to state that if *either* of us wanted out than the other couldn't complain about it. Of course, we were not in a mindset to create such an agreement, because we thought it would work out. He's still acting like everything's fine, and I am trying to get things together to get out of this. Good luck to you.

 

[HomeGuru]

Hi. Please forgive me if this is considered 'hijacking' this thread. However I read this thread and wondered what could this person do to prevent this situation in the first place. (She bought property with a boyfriend and now wants him out because he's abusive). Is there something she could have set up from the beginning to have him removed easier from the mortgage if the relationship did not work? Just wondering, this is similar to my case that is posted but different in several ways. Thanks. If I should not be posting this question here - please forgive me. Thanks.

**A: excellent question. A simple partnership agreement would have helped. In this agreement, there should be conditions such as responsible parties having an agreed upon % of ownership, and share of expenses ( mortgage, real property taxes, insurance, HOA fees, repair and maint. etc., how income ( if any) will be split, how State and IRS taxes will be handled, how long the property will be owned and when the property will be sold or settled in the event of a dispute between the contracted parties ie. mediation and arbitration, buyout refinance, list with an agreed upon real estate broker.........There have been many protracted litigation cases because the parties failed to address these issues from the start (prior to property purchase) and did not realize that the honeymoon was not going to last forever.

 

[Pescado]

Thank you for your clarification. Can this partnership agreement be done without the second party on the mortgage and title? (This relates to my previous post).

 

[HomeGuru]

Thank you for your clarification. Can this partnership agreement be done without the second party on the mortgage and title? (This relates to my previous post).

**A: yes.

 

[lvfnchs]

partition action

Hi. I originally posted this in a new thread in the Buying/Selling home section, since I thought it belonged there. I'm copying it here since Home Guru has asked me to.

I had tried to buy him out, but he asked for too much money in too little time, and I just can't afford it even though the bank approved me.

I am now at a point where I'm forcing a sale of my jointly owned home. I can't live with this abuser any more.

I am looking into the possibility of my buying another house while I still have this one on my credit report, and I can't carry two mortgages based on my income. I want to buy another house before this one sells, since I have pets and am unable to rent, and it is dangerous to live with this man throughout the process of taking him to court.

I was just speaking with this Creative Financing place (or something like that). They say that I can get another mortgage with this house still in my name in two different ways:

1. If B would agree to let me put another mortgage on the house, I can get a 'wrap-around' loan. This would allow me to buy another house right away, and when this house sells the 'wrap-around' part goes away.

2. If I go to Staples and buy a lease, I can lease to someone in my name only, and the person would never actually have to live there. The lease would state $1,450/month for a year. If one of my friends would sign the lease papers, I can get another mortgage for another house, because the lease papers would cancel the mortgage debt on my credit report. I could probably get one of my friends to sign something. The lease would have to say something like "lvfnchs will be closing on 8/30, so I will move in and begin the lease on 9/1". The guy says I would not need B's consent to do this.

Does this sound right and possible to you legal experts out there?

 

[HomeGuru]

Re: partition action

Hi. I originally posted this in a new thread in the Buying/Selling home section, since I thought it belonged there. I'm copying it here since Home Guru has asked me to.

I had tried to buy him out, but he asked for too much money in too little time, and I just can't afford it even though the bank approved me.

I am now at a point where I'm forcing a sale of my jointly owned home. I can't live with this abuser any more.

I am looking into the possibility of my buying another house while I still have this one on my credit report, and I can't carry two mortgages based on my income. I want to buy another house before this one sells, since I have pets and am unable to rent, and it is dangerous to live with this man throughout the process of taking him to court.

I was just speaking with this Creative Financing place (or something like that). They say that I can get another mortgage with this house still in my name in two different ways:

1. If B would agree to let me put another mortgage on the house, I can get a 'wrap-around' loan. This would allow me to buy another house right away, and when this house sells the 'wrap-around' part goes away.

2. If I go to Staples and buy a lease, I can lease to someone in my name only, and the person would never actually have to live there. The lease would state $1,450/month for a year. If one of my friends would sign the lease papers, I can get another mortgage for another house, because the lease papers would cancel the mortgage debt on my credit report. I could probably get one of my friends to sign something. The lease would have to say something like "lvfnchs will be closing on 8/30, so I will move in and begin the lease on 9/1". The guy says I would not need B's consent to do this.

Does this sound right and possible to you legal experts out there?

**A: 1. he will not agree to this.
2. fraud.