Need advice on property dispute.

Hi!

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.

dudeman

Did you purchase the house together?

Hi!

dudeman said:

Did you purchase the house together?

Yes, we have lived in it for about 12 yrs. Typical FHA loan.

Kat

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.

Hi!

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.🤯

cincybearcat

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.

Hi!

cincybearcat said:

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!

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

Kat

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. 

oftenreading

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. 

Hi!

oftenreading said:

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. 

brianlux

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!

Hi!

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. 

dankind

F Me In The Brain

oftenreading said:

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

PJPOWER

I’m with the others here, talk to an estate lawyer.  Just curious, though, who holds the mortgage?  

Hi!

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.

mace1229

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.

PJPOWER

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!

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. 

Bentleyspop

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!

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.🙏🏻

PJPOWER

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!

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.
 

PJPOWER

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!

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.

UseUrIllusions

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!

UseUrIllusions 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 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!

I feel so white trash today. My life is becoming a long episode of  Maury Povich .

Bentleyspop

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_Soul

That is terrible that there are states that don't have common law marriage.