Posted on: 31st Mar, 2008 11:24 am
me and my domestic partner of 12 years have broken up. we have owned a house together for the past 7 years. i left the home in nov of 2007. i am no longer paying my half of the mortgage. she is living there with her new partner and refuses to sell the home and give me my half of the monies. i was informed to get my name off the deed she would need to refinance the home and put it in her name. at this point she can not afford to do that so we are at a standstill. i asked for a buyout figure and said i would sign a quitclaim deed so that i would no longer be responsible for anything to do with the home. is this a good idea?
Welcome TLP,
If your ex cannot buy you out or sale the property to pay you off then I feel partition lawsuit is the better option for you. Ask your attorney how long will it take to sale the property. One more thing that you will have to see is how good is the market in your area? Will it be fruitful for you or can you get anything even after selling the property?
Although you can you can contact companies like "We Buy Houses". They help people to buy and sell the property quickly.
Let me know if you have any more queries.
If your ex cannot buy you out or sale the property to pay you off then I feel partition lawsuit is the better option for you. Ask your attorney how long will it take to sale the property. One more thing that you will have to see is how good is the market in your area? Will it be fruitful for you or can you get anything even after selling the property?
Although you can you can contact companies like "We Buy Houses". They help people to buy and sell the property quickly.
Let me know if you have any more queries.
That is the thing. In NJ the market is not very good right now. The last I knew we still owed 130,000. on the house. I feel that the house can go for about 225,000. but then I am not an appraiser. Since I have not lived there since June of 2007 I have no idea if she has been keeping up with the house since I used to do everything in the house and yard. Also with her not wanting to sell she can make it difficult to show the house or distroy it to the point that no one would be interested in buying it for a fair amount. At this point I would be happy to break even if it would get her and her new girlfriend out of the house. I just don't know if there is anyway to force her into making sure the house and yard are in order for the sale and that she would have to make herself avail for showings.
Hi TLP,
You should take the steps that have been suggested by the above posters. Contact the attorney and if needed file Partition lawsuit. And if she can but you out then your problem is solved.
So please take some steps ASAP.
Feel free to ask if you have any further questions.
Best of luck,
Larry
You should take the steps that have been suggested by the above posters. Contact the attorney and if needed file Partition lawsuit. And if she can but you out then your problem is solved.
So please take some steps ASAP.
Feel free to ask if you have any further questions.
Best of luck,
Larry
I called my attorney today to follow up on the letter he sent to my ex. He told me that my ex's father called him and that he is acting on Michelle's behalf. He has an appt with an attorney on 4/15/08 and will get back to my attorney. My ex is an only child and her daddy has always taken care of her but refused to by me out. Do I have anything to worry about? I do own half of the house so I would think that even his attorney will tell him that they have to either sell or buy me out. Is this issue eligable for Partition? I an alone and have no one to help me. I don't want to be ganged up on or taken advantage any more then I have already.
Hi TLP,
If you have the ownership then you have nothing to worry. Why don't you file the Partition lawsuit? I think it will solve your problem.
Best of luck,
Larry
If you have the ownership then you have nothing to worry. Why don't you file the Partition lawsuit? I think it will solve your problem.
Best of luck,
Larry
My attorney wants to wait and see what my ex and her father offers. They see their attorney today so I hope to hear something soon. I didn't think I had anything to worry about but they can be sneaky and the lawyer they are dealing with knows the father very well. I will write the offer that is made to me when it comes through and ask your opinion.
My ex left me a vm informing me that she spoke to her attorney and he suggest to get the house appraised. I am now concerned about her doing this cause how do I know if she gets someone that she knows to appraise it for less and I loose out. It there a way for me to know if the appraisel is legit or not or is there a way I can find out if this person is reliable?
Hello TLP,
It does not seems that Your is going to appraised it less that the fair market value because it will at the end harm her the same as it will harm to you. The sale proceeds will be divided between you and your wife. So she will not gain any thing by appraising the property lower than the market value.
By the way if you have any doubts then why don't you appraise the property by your appraiser? Then you will not at least have any doubt in your mind.
It does not seems that Your is going to appraised it less that the fair market value because it will at the end harm her the same as it will harm to you. The sale proceeds will be divided between you and your wife. So she will not gain any thing by appraising the property lower than the market value.
By the way if you have any doubts then why don't you appraise the property by your appraiser? Then you will not at least have any doubt in your mind.
I don't think she is going to sell it. She is trying to come up with a dollar figure to buy me out. I guess she didn't like the figure I came up with. The appraisel is fine cause I may end up with more but I want to make sure the person who appraises it can not put a lower figure then it really is worth. I don't know who she knows and it is hard for me to do anything because I live in VA now and the house is in NJ. She will have to be there to let the appraier in. It will be to her benefit for the arraisel to be low because then she will only have to give me half and she gets to keep the house that may be worth alot more in the long run.
Let her do the appraisal and you can ask her for a copy of the appraisal so that you can verify it with your appraiser. Then if their is anything fishy with that you can reappraise it so that you get the right value of your share of the property.
Thank you. I will wait to receive my copy of the appraisel she has done and if it looks too low I will have it reappraised by someone my attorney chooses. I guess she would have to make arrangements for her or her dad to be at the house for my appraiser to go in.
That is good. Hope your problem will be solved soon.
well it's been a long time with making many phone calls and having to threaten the partition lawsuit but she finally got the appraisal done. i still have not received my copy but she did read it to me over the phone. the figure was pretty much right. i also found out that she lost her job. she said she would put the house up for sale since she can not buy me out or refinance the house into her name. it is going on 2 weeks now and i have not received any paperwork from a realtor allowing the sale of the house. i know she is going to continue to stall even more now since she lost her job and has no where to go. her new girlfriend just started a new job and is living in the house, right out of her parents house so they are not stable enough to do anything on their own. what can i do to get a for sale sign up and how will i know if she doesn't allow the house to be shown or doesn't make it presentable for buyers to even be interested. i know her and she is going to play games with me as she has been doing. it is very hard for me to monitor things when i now live in va and the house is in nj
Hi TLP.
Welcome back.
I think if she don't sale the property then you should file the Partition Lawsuit. Why have not you filed it? Contact with an attorney and file the Partition Lawsuit. Hope that will help you.
Best of luck,
Larry
Welcome back.
I think if she don't sale the property then you should file the Partition Lawsuit. Why have not you filed it? Contact with an attorney and file the Partition Lawsuit. Hope that will help you.
Best of luck,
Larry
I hear it is costly to go through the Partition Lawsuit and I was hoping to walk away with some monies to pay off the debit that was left in my name. I just want to be civil about this. I contacted my lawyer yesterday and he said he would send her a letter giving her 2 weeks to have a sign up or we will file the lawsuit. I guess I have to just see what happens.