Posted on: 07th Sep, 2011 04:09 pm
hello,
vermont law. my friend and her boyfriend built a house together. some money out of pocket, a small mortage, and a home equity loan. the house has a lot of equity. he says the bank won't refinance without the house being done 100%, but then again, he doesn't think it's over, even though she moved out. he doesn't want to give her 1/2 of what it's worth, much less what she has put into it financially already. she pays 1/2 the mortage and is paying 1/3 of the taxes this year, because she was there for some months on the tax bill.
what would she have to do, file, etc, without getting an attorney, but to get at least 1/3-1/2 of what the house appraises for (by tax appraisal, not mortage appraisal- which wasn't, because they never had a construction loan, just a home equity loan which didn't require one at the end). or does she have no leg to stand on, as they were not married.
she is on the mortage, and home equity loan, and she is on the deed, but we have to check the verbage to see if it is joint tennants or what.
thanks in advance!
vermont law. my friend and her boyfriend built a house together. some money out of pocket, a small mortage, and a home equity loan. the house has a lot of equity. he says the bank won't refinance without the house being done 100%, but then again, he doesn't think it's over, even though she moved out. he doesn't want to give her 1/2 of what it's worth, much less what she has put into it financially already. she pays 1/2 the mortage and is paying 1/3 of the taxes this year, because she was there for some months on the tax bill.
what would she have to do, file, etc, without getting an attorney, but to get at least 1/3-1/2 of what the house appraises for (by tax appraisal, not mortage appraisal- which wasn't, because they never had a construction loan, just a home equity loan which didn't require one at the end). or does she have no leg to stand on, as they were not married.
she is on the mortage, and home equity loan, and she is on the deed, but we have to check the verbage to see if it is joint tennants or what.
thanks in advance!
Welcome newnurse,
If your friend's name is mentioned on the property deed, then she will be able to claim her share when the property is sold off by her boyfriend. It will be better if she could contact an attorney and take his/her help in this matter.
If your friend's name is mentioned on the property deed, then she will be able to claim her share when the property is sold off by her boyfriend. It will be better if she could contact an attorney and take his/her help in this matter.
I guess it would be nice if everyone could get someone else to pay them money and not need an attorney to get the other person to pay.
Unfotunately, that is why attoneys exist and have a job. There is no way to "make" someone pay if they refuse to do so unless legal proceeedings are involved and the court forces someone to pay based on the merits or legalities of the case.
If she is on the deed, she is an owner and the house can not be sold without her signature and of course she would not sign unless she is getting money from the sale.
If she wants to force someone to pay her before a sale, she needs an attorney and she needs to win her case.
Unfotunately, that is why attoneys exist and have a job. There is no way to "make" someone pay if they refuse to do so unless legal proceeedings are involved and the court forces someone to pay based on the merits or legalities of the case.
If she is on the deed, she is an owner and the house can not be sold without her signature and of course she would not sign unless she is getting money from the sale.
If she wants to force someone to pay her before a sale, she needs an attorney and she needs to win her case.
Thank you for the responses, figured she would need an attorney, and will need to get one at this point, just trying to save $ and go thru the channels herself as she has had bad experiences with lawyers in the past. Again, thank you for your time!
Good luck!