Help! Joint Purchase

[Samantha]

My partner and I purchased a house in 1994. It is in both of our names, a joint purchase. In the summer of 1998, I moved out due to relationship problems. When I left, I did not help with paying the mortgage since I was paying on the car that was in both of our names. Anyway, I know that me leaving is considered abandoment of the property and the law does not care what the circumstances are. My partner states that I already forfeited the property and all she has to do is get a lawyer to send me a letter stating this.

My questions is - To avoid something that I may have to deal with in the future i.e., be responsible for payment or giving my partner the satisfaction of telling me I have to forfeit the property to her, I want to know what my rights are, if any and if I can do anything to cover my butt now instead of dealing with it later i.e., getting legal papers done up myself and sign my name off, if I have to, before my partner tells me I have to.

I really need this information because my partner is threatening me with it.

Thanks

 

[Tracey]

If your name's on the deed, you are an owner, regardless of whether you pay any mortgage/taxes/upkeep. Your ex is wrong - moving out is not abandonment of real estate. It's very hard to abandon real estate...

6 years is long enough to build up some equity. You have 2 options:

1) sue for partition by sale. The court will order the house sold, pay the mortgage, reimburse ex for expenses she paid alone (maybe) and split the remaining net between you.

2) Tell ex to buy you out. You should get your downpayment and any equity you built up. DO NOT sign the house over to her until you have a signed release from the mortgage company saying you don't owe them anything and will never owe them anything!!

Try mediation to arrive at a buyout amount. Don't let her stiff you for taxes for next year's taxes if your state collects taxes prospectively.

BTW, this same analysis applies to the car if her name's on the title/finance agreement, so you might as well work both out at once.


Good luck,
Tracey

PS: Go buy The Legal Guide for Gay & Lesbian Couples (Nolo Press) to see how to draft a simple purchase agreement that would have avoided all this mess.....

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.