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Co-owner damage to house

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R

Rulle

Guest
What is the name of your state?What is the name of your state? CA
:confused:

I added my girlfriend to the title of my house a year ago. She is sometimes mad and a bit aggressive as she expect me to cheat on her (incorrectly). I need to leave the house for a business trip and I am worried that she will missunderstand and get mad while I am away. That has happend before. We are both on the title, I am the only one on the loan and I hold the home insurance. What if the house is damaged by her while I am away, e.g. if she is drinking? Would the insurance cover anything? What if the house is totally ruined, would I still be responsible for the loans although the house value would be decreased? Anyone have any suggestion for what to do?

I am stuck in the house and I can't leave, but I can't stay either if she does not stop the aggressions.
 


ALawyer

Senior Member
She is an owner of the house and when you "added her name on the title" you probably gave her half the value. IF she damages the house intentionally, the insurance company likely will deny coverage as the damage was due to the intentional act of an owner. You could sue her for the damage, but she probably has no assets. And as far as the mortgagee is concerned, they want their money. If you burned it down the insurance company would deny coverage and they mortgagee would go after you. If she did, the mortgagee may try to go after both of you.

What the heck are you doing with a person like this in your life?
 

I AM ALWAYS LIABLE

Senior Member
ALawyer said:
What the heck are you doing with a person like this in your life?

My response:

It's obvious. The woman is a transplant from Kentucky, and this is the way things are done. Real Californians don't destroy their own property.

IAAL
 
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Souix

Senior Member
Rulle said:
What is the name of your state?What is the name of your state? CA
:confused:

I added my girlfriend to the title of my house a year ago. She is sometimes mad and a bit aggressive as she expect me to cheat on her (incorrectly). I need to leave the house for a business trip and I am worried that she will missunderstand and get mad while I am away. That has happend before. We are both on the title, I am the only one on the loan and I hold the home insurance. What if the house is damaged by her while I am away, e.g. if she is drinking? Would the insurance cover anything? What if the house is totally ruined, would I still be responsible for the loans although the house value would be decreased? Anyone have any suggestion for what to do?

I am stuck in the house and I can't leave, but I can't stay either if she does not stop the aggressions.

***Dump her. Who needs that kind of stress in their life!?!***
 

I AM ALWAYS LIABLE

Senior Member
Souix said:
***


Dump her.

My response:

How?

She owns half the house and he owns all the debt!

Even if he files a Complaint in Partition, the best he's going to get from the court is an order to sell the home and to give her half of the current market value, minus the mortgage balance - - but that does nothing for him with regard to the mortgage debt!

IAAL
 

nextwife

Senior Member
Well, if he is getting rid of her, he or she (whomever is staying) can refi. There are still great deals and odds are he can get as good or better a rate than before. So, if he usess a partition action, he can also use the cash-out refi to pay her off whatever and get her off the title simultaneously. I see splitting couples (divorced and never-marrieds) do this all the time.
 
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I AM ALWAYS LIABLE

Senior Member
Souix said:
I AM ALWAYS LIABLE said:
My response:

How?

***Refinance, pay her off, and get her name off the deed***


My response:

Oh God. Somebody needs to put you out of my misery.

Did you READ the initial post?

She's ON THE DEED!!! She's an equal owner!

I don't give a damn how many times he refinances the house. That does NOTHING to get her off the Deed if she doesn't sign a Quit Claim Deed, deeding her share back to him!

So, he refinances (assuming he's able to without her knowledge to re-incumber HER property), and now has $40,000.00 in his hands to pay her. She looks at him and says, "Cram it clowny! I want to stay right where I am." Now what?

What if she doesn't sign the Quit Claim deed - - then what, Souix?

IAAL
 

Souix

Senior Member
I AM ALWAYS LIABLE said:
My response:

Oh God. Somebody needs to put you out of my misery.

Did you READ the initial post?

She's ON THE DEED!!! She's an equal owner!

I don't give a damn how many times he refinances the house. That does NOTHING to get her off the Deed if she doesn't sign a Quit Claim Deed, deeding her share back to him!

So, he refinances (assuming he's able to without her knowledge to re-incumber HER property), and now has $40,000.00 in his hands to pay her. She looks at him and says, "Cram it clowny! I want to stay right where I am." Now what?

What if she doesn't sign the Quit Claim deed - - then what, Souix?

IAAL


***Yes I read the initial post! I don't understand what the big deal is. He can negotiate with her, decide what her share will be and in exchange she agrees to sign off on the deed (in writing), he refinances, she gets the money, she signs off on the deed. He is on the new loan, he is on title only. An escrow would need to be opened for the new refi and the deed could be prepared properly by escrow. What am I missing? I am basically here to learn, so please tell me with out bashing me. Thank you.***
 

I AM ALWAYS LIABLE

Senior Member
Souix said:
***Yes I read the initial post! I don't understand what the big deal is. He can negotiate with her, decide what her share will be and in exchange she agrees to sign off on the deed (in writing), he refinances, she gets the money, she signs off on the deed. He is on the new loan, he is on title only. An escrow would need to be opened for the new refi and the deed could be prepared properly by escrow. What am I missing? I am basically here to learn, so please tell me with out bashing me. Thank you.***


My response:

From his initial post, does it sound like to you that she's an "agreeable" person? She looks at him and says, "Cram it clowny! I want to stay right where I am." Now what?

What if she doesn't sign the Quit Claim deed - - then what, Souix?

That's right - - just like I said. It's called a lawsuit for partition. The court orders the house sold, and then she gets paid off or, she pays him off and stays there.

IAAL
 

Souix

Senior Member
I AM ALWAYS LIABLE said:
My response:

From his initial post, does it sound like to you that she's an "agreeable" person? She looks at him and says, "Cram it clowny! I want to stay right where I am." Now what?

What if she doesn't sign the Quit Claim deed - - then what, Souix?

That's right - - just like I said. It's called a lawsuit for partition. The court orders the house sold, and then she gets paid off or, she pays him off and stays there.

IAAL

***So if he doesn't want to sell the house, then he is stuck with her?***
 

I AM ALWAYS LIABLE

Senior Member
Souix said:
***So if he doesn't want to sell the house, then he is stuck with her?***

My response:

Well, duh!! Now you're catching on - - to this otherwise simplistic problem! Congratulations!!

He made her an equal partner in the property!!! The property is just as much hers as it is his! Do you now see the situation and the quandary?

So, the only way to get out of this mess is for one of them to sue the other for Partition. You do know what partition means, don't you?

IAAL
 

Souix

Senior Member
I AM ALWAYS LIABLE said:
My response:

Well, duh!! Now you're catching on - - to this otherwise simplistic problem! Congratulations!!

He made her an equal partner in the property!!! The property is just as much hers as it is his! Do you now see the situation and the quandary?

So, the only way to get out of this mess is for one of them to sue the other for Partition. You do know what partition means, don't you?

IAAL

***Yup, any division of real or personal property between co owners resulting in individual ownership of the interests of each***Edited to add: So what Nextwife posted, is that a viable solution?***
 
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I AM ALWAYS LIABLE

Senior Member
Souix said:
***Yup, any division of real or personal property between co owners resulting in individual ownership of the interests of each***Edited to add: So what Nextwife posted, is that a viable solution?***

My response:

Well, she had a couple of theories written there. Which one haven't we already beaten to death? Her statement in her first sentence, however, is a pipe dream.

IAAL
 
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