HE WONT SELL

[ldw745]

My boyfriend and I have been together for about 10 yrs. In the beginning I purchased a home for us, I have always paid the mortgage myself, he pays utilities. In 2019, I decided I wanted to sell the home, because I owed him some money, I added him to the deed so he would be assured I would pay him back when I sold the home. I have found someone else and want to marry them but can't because boyfriend #1 will not OK us to sell the house. He is living there rent free, only paying utilities and will not move-out. I have agreed to split whatever we sell the home for down the middle but still he won't budge. He is on disability and has bad credit so there is no way he can take over the payments, he wouldn't do that anyway. Is there anything I can do to get out from under this house. Thanks for any help you can give me.

 

[quincy]

What is the name of your state?

I know you know this now but adding your boyfriend to the deed was a big mistake.

 

[ldw745]

What is the name of your state?

I know you know this now but adding your boyfriend to the deed was a big mistake.

God I know this now .... Indiana

 

[quincy]

God I know this now .... Indiana

Thank you for adding your state name.

Unless you can buy outright from your boyfriend his share of the property, you will need to go to court. You can file a partition action and sell your share of the property to someone else (but few buyers will be interested in purchasing half ownership in a residence) or you potentially could force the sale of the house (with a division of proceeds) through a court order.

Or you could quitclaim your share of the property to the boyfriend, making him sole owner, leaving him to take care of all costs of maintaining the house. There are several problems with this, with the biggest being that you will still be responsible for the mortgage payments. Not paying on the mortgage and letting the house go into foreclosure probably is not your best option. You trash your credit and you lose all equity in the house.

I suggest you try to convince the boyfriend to sell, detailing the alternatives available to you if he doesn’t, none of which should be attractive to him.

 

[adjusterjack]

Partition Action:

Indiana Code Title 32, Article 17, Chapter 4 (2019) - Partition Proceedings :: 2019 Indiana Code :: US Codes and Statutes :: US Law :: Justia

Read that. Then hire a lawyer.

 

[quincy]

Hiring a lawyer to handle this for you is a good option.

 

[ldw745]

Thanks to all of you! I will just say ... "A lesson learned"... and leave it at that!

 

[zddoodah]

My boyfriend and I have been together for about 10 yrs. In the beginning I purchased a home for us, I have always paid the mortgage myself, he pays utilities.

You purchased a home for the both of you in the beginning of a non-marital relationship?

In 2019, I decided I wanted to sell the home, because I owed him some money, I added him to the deed so he would be assured I would pay him back when I sold the home.

Since you "added him to the deed," it's no longer "I sold the home;" it's "we sold the home."

For the reference of anyone else reading this thread, adding a creditor to title is an extremely foolish thing to do. If the creditor insists on some security, the thing to do is to give a mortgage or deed of trust (depending on the state).

He is living there rent free

Well...as a result of you "add[ing] him to the deed," it's his house, so you can hardly blame him.

Is there anything I can do to get out from under this house.

You should consult with a local attorney about filing a lawsuit for "partition" (i.e., a forced sale). The process will be expensive, and the house likely won't sell for full market value.

 

[quincy]

ldw745 could always have her new boyfriend (the one she wants to marry) move into the house with her while she considers or pursues a partition action. That might make the old boyfriend more anxious for the house to be sold immediately so he can move elsewhere.

Of course, I see many problems with going this route, especially if the old or new boyfriend is a violent sort.

 

[Litigator22]

Thanks to all of you! I will just say ... "A lesson learned"... and leave it at that!

Admitting to your grievous mistake DOES NOT simply "leave it at that"! There remains the perplexing problem of dislodging the bowed neck deadbeat and getting the home sold at fair market value and you out from underneath the mortgage, taxes, insurance, etc., , etc.

THAT IN LIEU OF it being auctioned off by the local sheriff at a public sale where the only bidders will be people looking to steal it.

If you are interested in learning how, let me know. It ain't rocket science.

Hint: You use the leverage of a threat to force the issue by partition and a public auction sale. Often without incurring the expense of engaging counsel and instituting such a complex legal process. I've done it and have seen it done numerous times. Rarely if ever, will a recalcitrant co-owner cut off his or her nose to spite their face. Money talks, bullsh*t walks.

 

[AlmostThere]

How much equity do you have in the house?

 

[not2cleverRed]

Rarely if ever, will a recalcitrant co-owner cut off his or her nose to spite their face.

Ah, my sweet ignorant LitBoy! Many an ex will do exactly that.

While I agree with you that our beleaguered thread author shouldn't just sigh and give up, they should obtain the help of a lawyer with a strong backbone.