Selling a House

[gixxergirl88]

What is the name of your state (only U.S. law)? Ohio

My partner and I are not married but have three kids together. We own a home (technically my home all paperwork only has my name). We have decided to separate. He will not let me buy him out and refuses to leave. I want to list the house for sale he says he will get a lawyer and stop the sale. The only legal paperwork he has tying him to that house is a 'gift letter' from him written to me for help with the down payment. The title, the loan everything is in my name. I feel my only option is to sell the house beneath him and give him the down payment back once the house is sold. Is this a reasonable option? Can he legally stop me from selling a house? I plan to get a lawyer, I guess I am just looking for advice that this is the only option I am left with.

 

[Zigner]

What is the name of your state (only U.S. law)? Ohio

My partner and I are not married but have three kids together. We own a home (technically my home all paperwork only has my name). We have decided to separate. He will not let me buy him out and refuses to leave. I want to list the house for sale he says he will get a lawyer and stop the sale. The only legal paperwork he has tying him to that house is a 'gift letter' from him written to me for help with the down payment. The title, the loan everything is in my name. I feel my only option is to sell the house beneath him and give him the down payment back once the house is sold. Is this a reasonable option? Can he legally stop me from selling a house? I plan to get a lawyer, I guess I am just looking for advice that this is the only option I am left with.

It's your house - he's a tenant. Thank him for his gift and move on, as you, arguably, have no obligation to return what was truly a gift (as evidenced by his letter).

 

[HRZ]

IT can be difficult to sell a home with a squatting tenant inside and there might be other pot holes an adversary can create ...I think you would be wise to lay out your game plan with counsel ...and certainly termination and eviction of a tenant need to be addressed. ( Assuming he is a tenant under OH law ...not every living arrangement creates a tenancy ...but the safe view is to assume he is a tenant until facts support otherwise .

BTW is he the official dad under OH law and does he have equal rights to children

GIven it's adverserial ...you discuss options with your counsel...first!

 

[Ohiogal]

Zigner is correct. He has NO CLAIMS to the house. NONE. Evict him through the courts.

 

[PayrollHRGuy]

I don't see how he would even have a claim on the "gift" he gave you.

 

[HRZ]

I'm a fan of getting him evicted and out before you get involved with any listing at all. Get it done .