Need advice on property dispute.

A lot of intelligent people on here and just looking for some advice.
I own a home with some with whom I have never been married and we don’t have kids together. No common law marriage in MI. I’m basically looking to sell the house and move on with my life, a real RVM situation. The other party isn’t interested in selling. I’m just curious as to how to proceed and what to expect. I’m in the understanding that I would need to do a forced sale or file a partition lawsuit in order to make this happen. 
Any thoughts? Thanks you.
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Comments

  • dudemandudeman Posts: 2,391
    Did you purchase the house together?
    If hope can grow from dirt like me, it can be done. - EV
  • Hi!Hi! Posts: 1,919
    dudeman said:
    Did you purchase the house together?
    Yes, we have lived in it for about 12 yrs. Typical FHA loan.
  • KatKat There's a lot to be said for nowhere.Posts: 4,258
    First of all, I'm sorry it didn't work out. 
    I don't have legal training but it seems to me, in the simplest imagining I can do, that the other party could buy your part of the loan or vice versa....or...you could both sell the house and the other party could buy in the same neighborhood, if that's the issue. I hope you're able to do whatever you do amicably. Good luck.
    Falling down,...not staying down
  • Hi!Hi! Posts: 1,919
    The other parties thoughts are that I’m a man, I should just leave. 
    Just last week we had met with realtors and signed paperwork to sell. The other party has now backed out of that and is going to play hardball.🤯
  • Hi! said:
    The other parties thoughts are that I’m a man, I should just leave. 
    Just last week we had met with realtors and signed paperwork to sell. The other party has now backed out of that and is going to play hardball.🤯
    Honestly - get a lawyer.  It'll be worth it.
    hippiemom = goodness
  • Hi!Hi! Posts: 1,919
    Hi! said:
    The other parties thoughts are that I’m a man, I should just leave. 
    Just last week we had met with realtors and signed paperwork to sell. The other party has now backed out of that and is going to play hardball.🤯
    Honestly - get a lawyer.  It'll be worth it.
    I will be meeting with one Thursday, but I’m losing my fucking mind, and hoping to get some advice. I’ll just have to be patient and and let this play out I guess.
  • Hi!Hi! Posts: 1,919
    Kat said:
    First of all, I'm sorry it didn't work out. 
    I don't have legal training but it seems to me, in the simplest imagining I can do, that the other party could buy your part of the loan or vice versa....or...you could both sell the house and the other party could buy in the same neighborhood, if that's the issue. I hope you're able to do whatever you do amicably. Good luck.
    Thanks
  • KatKat There's a lot to be said for nowhere.Posts: 4,258
    Try to remain calm. Remember...life is a journey and you just have to get through this part  of it. A good lawyer will ease your mind and you'll be fine going forward. Find ways to work off the frustration/aggravation, etc. 
    Falling down,...not staying down
  • oftenreadingoftenreading Victoria, BCPosts: 11,431
    Don’t agree to anything and don’t sign anything until you’ve had legal advice. Any advice you get from any of us here is probably well meaning but may not apply to your situation and your local/state laws at all. 

    Good luck. You’ll get through this. 
    my small self... like a book amongst the many on a shelf
  • Hi!Hi! Posts: 1,919
    Don’t agree to anything and don’t sign anything until you’ve had legal advice. Any advice you get from any of us here is probably well meaning but may not apply to your situation and your local/state laws at all. 

    Good luck. You’ll get through this. 
    Thanks. Definitely understand your point. 
  • brianluxbrianlux Moving through All Kinds of Terrain.Posts: 31,981
    Getting legal advice as others have mentioned sounds like your best option, Hi.  It's tough to be in the middle of something like this.  Try to keep a clear head until it's all settled and when you have those times where it feels a bit overwhelming, remember there will be an end to it and you'll have all the rest of your life at that point to move on to better things.  Best wishes my friend!
    “In all human affairs there are efforts, and there are results, and the strength of the effort is the measure of the result.”
    -James Allen










  • Hi!Hi! Posts: 1,919
    Thanks y’all for letting me vent, I’m just gonna take it one day at a time, I’ll see what the lawyer says and go from there. 

  • dankinddankind I am not your foot. Posts: 16,075

    I SAW PEARL JAM
  • F Me In The BrainF Me In The Brain this knows everybody from other commetsPosts: 20,569
    Don’t agree to anything and don’t sign anything until you’ve had legal advice. Any advice you get from any of us here is probably well meaning but may not apply to your situation and your local/state laws at all. 

    Good luck. You’ll get through this. 
    exactly my thoughts
    The love he receives is the love that is saved
  • PJPOWERPJPOWER In Yo FacePosts: 5,755
    I’m with the others here, talk to an estate lawyer.  Just curious, though, who holds the mortgage?  
  • Hi!Hi! Posts: 1,919
    PJPOWER said:
    I’m with the others here, talk to an estate lawyer.  Just curious, though, who holds the mortgage?  
    The bank? Lol. Both are names are on the mortgage.
  • mace1229mace1229 Posts: 5,075
    I'm curious how this plays out, hope you keep us updated.
    My guess is like someone else said, you have the right to sell your half. But who would buy half a house? And for that matter, why would she not want to buy you out?
    My guess is she will be given the opportunity to pay you for half of the value, or be forced to sell the whole thing. But that's my uneducated guess.
  • PJPOWERPJPOWER In Yo FacePosts: 5,755
    Hi! said:
    PJPOWER said:
    I’m with the others here, talk to an estate lawyer.  Just curious, though, who holds the mortgage?  
    The bank? Lol. Both are names are on the mortgage.
    Touché, ha!  A lawyer is absolutely going to be needed.  I’m guessing it is considered joint tenancy?  Think she would be willing to just “buy” your portion?  Anyways, best of luck, hope this goes as smoothly as possible for you :(
  • Hi!Hi! Posts: 1,919
    mace1229 said:
    I'm curious how this plays out, hope you keep us updated.
    My guess is like someone else said, you have the right to sell your half. But who would buy half a house? And for that matter, why would she not want to buy you out?
    My guess is she will be given the opportunity to pay you for half of the value, or be forced to sell the whole thing. But that's my uneducated guess.
    I don’t think she would be able to buy me out because of her financial situation, so in the little research I’ve done a forced sale or partition lawsuit is what the court would order. We are not married and MI doesn’t have common law marriage, so I’m just confused because she has two kids and she seems to think the court would let her stay there out of their best interests. 
  • BentleyspopBentleyspop Craft Beer Brewery, ColoradoPosts: 7,965
    Im guessing that when you bought the house you didnt have a partnership agreement that spelled out what would happen in the event of the relationship ending?
    I did in my previous relationship and it made things much easier.

    It seems the best thing to do is have her buy you out at 50% of perceived market value.
    If that doesn't work, force a sale and you each get 50% of the net proceeds.
  • Hi!Hi! Posts: 1,919
    Had a phone consultation. We’re joint tenets or whatever, need to file partition suit to force a sale. First she gets served the papers, 
    then it goes to mediation. If that doesn’t work we go in front of judge, forced sale, everything split 50/50. 
    So basically time and money. 
    Hoping to get this resolved before PJs next tour.🙏🏻

  • PJPOWERPJPOWER In Yo FacePosts: 5,755
    Hi! said:
    Had a phone consultation. We’re joint tenets or whatever, need to file partition suit to force a sale. First she gets served the papers, 
    then it goes to mediation. If that doesn’t work we go in front of judge, forced sale, everything split 50/50. 
    So basically time and money. 
    Hoping to get this resolved before PJs next tour.🙏🏻

    Yuck, you will be hearing the words “fair market value” a lot in the near future :(. My parents recently went through this process over some land.  In the end, they just ended up buying the property outright.  The sucky part is that if it is sold at “fair market value”, you both will most likely get quite a bit less in the end than if it were sold through a realtor...and if I’m not mistaken, it could even be put up for auction if there are no up front buyers that you can agree on.  Property grievances are so frustrating :(
  • Hi!Hi! Posts: 1,919
    edited September 2019
    PJPOWER said:
    Hi! said:
    Had a phone consultation. We’re joint tenets or whatever, need to file partition suit to force a sale. First she gets served the papers, 
    then it goes to mediation. If that doesn’t work we go in front of judge, forced sale, everything split 50/50. 
    So basically time and money. 
    Hoping to get this resolved before PJs next tour.🙏🏻

    Yuck, you will be hearing the words “fair market value” a lot in the near future :(. My parents recently went through this process over some land.  In the end, they just ended up buying the property outright.  The sucky part is that if it is sold at “fair market value”, you both will most likely get quite a bit less in the end than if it were sold through a realtor...and if I’m not mistaken, it could even be put up for auction if there are no up front buyers that you can agree on.  Property grievances are so frustrating :(
    We got the house on the cheap and will have no problems selling at fair market value. We will both walk away with a nice chunk of change. I am worried about a downturn in the market if it takes awhile. I feel like prices have probably peaked and it would be nice to sell sooner than later but I live is highly desirable area so would still see some profit.
     
    Post edited by Hi! on
  • PJPOWERPJPOWER In Yo FacePosts: 5,755
    Hi! said:
    PJPOWER said:
    Hi! said:
    Had a phone consultation. We’re joint tenets or whatever, need to file partition suit to force a sale. First she gets served the papers, 
    then it goes to mediation. If that doesn’t work we go in front of judge, forced sale, everything split 50/50. 
    So basically time and money. 
    Hoping to get this resolved before PJs next tour.🙏🏻

    Yuck, you will be hearing the words “fair market value” a lot in the near future :(. My parents recently went through this process over some land.  In the end, they just ended up buying the property outright.  The sucky part is that if it is sold at “fair market value”, you both will most likely get quite a bit less in the end than if it were sold through a realtor...and if I’m not mistaken, it could even be put up for auction if there are no up front buyers that you can agree on.  Property grievances are so frustrating :(
    We got the house on the cheap and will have no problems selling a fair market value. We will both walk away with a nice chunk of change. I am worried about a downturn in the market if it takes awhile. I feel like prices have probably peaked and it would be nice to sell sooner than later but t I live is highly desirable area so would still see some profit.
     
    Excellent!  Here’s to a speedy resolution! 
  • Hi!Hi! Posts: 1,919
    PJPOWER said:
    Hi! said:
    PJPOWER said:
    Hi! said:
    Had a phone consultation. We’re joint tenets or whatever, need to file partition suit to force a sale. First she gets served the papers, 
    then it goes to mediation. If that doesn’t work we go in front of judge, forced sale, everything split 50/50. 
    So basically time and money. 
    Hoping to get this resolved before PJs next tour.🙏🏻

    Yuck, you will be hearing the words “fair market value” a lot in the near future :(. My parents recently went through this process over some land.  In the end, they just ended up buying the property outright.  The sucky part is that if it is sold at “fair market value”, you both will most likely get quite a bit less in the end than if it were sold through a realtor...and if I’m not mistaken, it could even be put up for auction if there are no up front buyers that you can agree on.  Property grievances are so frustrating :(
    We got the house on the cheap and will have no problems selling a fair market value. We will both walk away with a nice chunk of change. I am worried about a downturn in the market if it takes awhile. I feel like prices have probably peaked and it would be nice to sell sooner than later but t I live is highly desirable area so would still see some profit.
     
    Excellent!  Here’s to a speedy resolution! 
    Thanks
    Hoping for the best, expecting the worst.


  • Hi! said:
    PJPOWER said:
    Hi! said:
    Had a phone consultation. We’re joint tenets or whatever, need to file partition suit to force a sale. First she gets served the papers, 
    then it goes to mediation. If that doesn’t work we go in front of judge, forced sale, everything split 50/50. 
    So basically time and money. 
    Hoping to get this resolved before PJs next tour.🙏🏻

    Yuck, you will be hearing the words “fair market value” a lot in the near future :(. My parents recently went through this process over some land.  In the end, they just ended up buying the property outright.  The sucky part is that if it is sold at “fair market value”, you both will most likely get quite a bit less in the end than if it were sold through a realtor...and if I’m not mistaken, it could even be put up for auction if there are no up front buyers that you can agree on.  Property grievances are so frustrating :(
    We got the house on the cheap and will have no problems selling at fair market value. We will both walk away with a nice chunk of change. I am worried about a downturn in the market if it takes awhile. I feel like prices have probably peaked and it would be nice to sell sooner than later but I live is highly desirable area so would still see some profit.
     
    If she wants to keep it, why doesn't she pay you out?
    "This melody, inside of me, still searches for a solution."
  • Hi!Hi! Posts: 1,919
    Hi! said:
    PJPOWER said:
    Hi! said:
    Had a phone consultation. We’re joint tenets or whatever, need to file partition suit to force a sale. First she gets served the papers, 
    then it goes to mediation. If that doesn’t work we go in front of judge, forced sale, everything split 50/50. 
    So basically time and money. 
    Hoping to get this resolved before PJs next tour.🙏🏻

    Yuck, you will be hearing the words “fair market value” a lot in the near future :(. My parents recently went through this process over some land.  In the end, they just ended up buying the property outright.  The sucky part is that if it is sold at “fair market value”, you both will most likely get quite a bit less in the end than if it were sold through a realtor...and if I’m not mistaken, it could even be put up for auction if there are no up front buyers that you can agree on.  Property grievances are so frustrating :(
    We got the house on the cheap and will have no problems selling at fair market value. We will both walk away with a nice chunk of change. I am worried about a downturn in the market if it takes awhile. I feel like prices have probably peaked and it would be nice to sell sooner than later but I live is highly desirable area so would still see some profit.
     
    If she wants to keep it, why doesn't she pay you out?
    $
  • Hi!Hi! Posts: 1,919
    I feel so white trash today. My life is becoming a long episode of  Maury Povich .
  • BentleyspopBentleyspop Craft Beer Brewery, ColoradoPosts: 7,965
    Hi! said:
    I feel so white trash today. My life is becoming a long episode of  Maury Povich .
    So you're saying that you are NOT the baby's father?
  • PJ_SoulPJ_Soul Vancouver, BCPosts: 48,080
    That is terrible that there are states that don't have common law marriage.
    With all its sham, drudgery, and broken dreams, it is still a beautiful world. Be careful. Strive to be happy. ~ Desiderata
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