Need advice on property dispute.

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  • PJ_SoulPJ_Soul Vancouver, BCPosts: 48,080
    Hi! 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?
    $
    That's insane she she just wants you to give her your share of the property. Wtf? Well, good luck in court! It sounds pretty cut and dry, legally, so hopefully this won't get you too far in the hole, fees-wise.
    With all its sham, drudgery, and broken dreams, it is still a beautiful world. Be careful. Strive to be happy. ~ Desiderata
  • Hi!Hi! Posts: 1,919
    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?
    The results are in.
  • Hi!Hi! Posts: 1,919
    Hi! said:
    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?
    The results are in.
      Not really that, but fuck, crazy shit. Y’all would have walked long ago.
    Cheaper to keep her,lol.
  • mace1229mace1229 Posts: 5,075
    Hi! said:
    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. 
    So what? That doesn’t make sense to me.  It would be in my kids’ best interest if you gave them half your house too. But it’s half you’re, she has no right to the whole thing.
  • Hi!Hi! Posts: 1,919
    edited September 2019
    mace1229 said:
    Hi! said:
    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. 
    So what? That doesn’t make sense to me.  It would be in my kids’ best interest if you gave them half your house too. But it’s half you’re, she has no right to the whole thing.
    I guess she assumes because everyone else has walked out on her, I should too. Lol, sorry. I’m too stubborn for that.
     It’s complicated, I’ve raised the kids since they were babies so... IDk. I’m just laying in the living room watching the Jets/Browns game hoping I don’t get shit talked to. I’m just gonna be chill for a little while and hope she comes to her senses and we can work this out without the courts. It’s really getting old though.
  • RenfieldRenfield NYC NYPosts: 718
    Hi Hi!
    You are joint tenants in a joint tenancy. 
    Did you speak to a Real Estate Attorney? 
    Partition lawsuits can be lengthy and costly.
    Hoping there is some civility left in the relationship. Perhaps once she realizes that she’s not getting the house, and her net proceeds will be significantly less if it goes through the courts, she will consent to going the normal route of hiring a real estate broker and selling the house the old fashioned way...

    We’ll definitely see on you tour next year!✌️ 



  • Hi!Hi! Posts: 1,919
    ^I did speak with an attorney and you are correct. I’m hoping we can somehow just sell without the courts. Thank you.
    🤞🤘🏻✌️



  • Hi! said:
    ^I did speak with an attorney and you are correct. I’m hoping we can somehow just sell without the courts. Thank you.
    🤞🤘🏻✌️



    The only ones that win when people don't think clearly and cannot work it out themselves are the lawyers.  You will both end up right where you would anyhow but with less $.  But sometimes its tough for people to see when they are hurt or angry.
    hippiemom = goodness
  • Hi!Hi! Posts: 1,919
    edited September 2019
    ^No doubt. After talking with the attorney, I would be looking at fees anywhere from $3000 to $5000+. No thanks. 
  • mace1229mace1229 Posts: 5,075
    If you’re just looking for a clean break I would offer something like 42 % of assessed value. Argue after seller/realtor fees and cost of getting it ready to sell (paint, carpet, etc.) that is what you expect to make. If she makes it easy for you then you’d pass those savings to her. You both win, she gets a discount, you don’t cough up even more for a lawyer. Do some research find out what it takes and would cost, maybe meet with a realtor.

    And if not, she’s going to end up eating that cost anyway plus lawyer fees in a forced sale.
  • Gern BlanstenGern Blansten Your Mom'sPosts: 10,542
    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.
     
    Are you still communicating?  I would reach out and try to convince her as to what the inevitable path is and that if she plays ball it will mean more money in her pocket.  She will save attorney fees and potentially the cost of a market downturn if she works with you.

    If she doesn't want to do that the mediation will make it happen.  Her attorney is likely telling her that it is in her best interest also.

    Unfortunately you just have to wait on the process.  Good luck!
    Remember the Thomas Nine!! (10/02/2018)

    1998: Noblesville; 2003: Noblesville; 2009: EV Nashville, Chicago, Chicago
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    2013: London ON, Chicago; 2014: Cincy, St Louis, Moline (NO CODE)
    2016: Lexington, Wrigley #1; 2018: Wrigley #1, Wrigley #2, Boston #1, Boston #2
    2020: Oakland1, Oakland2
  • ed243421ed243421 Posts: 6,876
    2 words:

    upper decker
    The whole world will be different soon... - EV
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  • Hi!Hi! Posts: 1,919
    Its a go. I offered her a nice amount of my half of sale in order to get this going.
    Bittersweet, it’s still gonna hurt like hell.
    Thanks y’all. ✌️
  • Gern BlanstenGern Blansten Your Mom'sPosts: 10,542
    Hi! said:
    Its a go. I offered her a nice amount of my half of sale in order to get this going.
    Bittersweet, it’s still gonna hurt like hell.
    Thanks y’all. ✌️
    good deal...glad she was reasonable about it
    Remember the Thomas Nine!! (10/02/2018)

    1998: Noblesville; 2003: Noblesville; 2009: EV Nashville, Chicago, Chicago
    2010: St Louis, Columbus, Noblesville; 2011: EV Chicago, East Troy, East Troy
    2013: London ON, Chicago; 2014: Cincy, St Louis, Moline (NO CODE)
    2016: Lexington, Wrigley #1; 2018: Wrigley #1, Wrigley #2, Boston #1, Boston #2
    2020: Oakland1, Oakland2
  • Hi! said:
    Its a go. I offered her a nice amount of my half of sale in order to get this going.
    Bittersweet, it’s still gonna hurt like hell.
    Thanks y’all. ✌️
    Glad to hear!
    But please document that she accepted your offer. Ideally, put something in writing and ask her to sign and date acceptance of your offer.
    Good luck!
  • Hi! said:
    Its a go. I offered her a nice amount of my half of sale in order to get this going.
    Bittersweet, it’s still gonna hurt like hell.
    Thanks y’all. ✌️
    Glad to hear!
    But please document that she accepted your offer. Ideally, put something in writing and ask her to sign and date acceptance of your offer.
    Good luck!
    Not ideally, you have to get it in writing and both sign it. 
    hippiemom = goodness
  • Hi!Hi! Posts: 1,919
    We discussed that we are just going to meet with realtor and set it up that we each get 50/50 +- what I offered. That’s our plan anyway, should be sufficient, I hope.
  • PJPOWERPJPOWER In Yo FacePosts: 5,755
    Hi! said:
    We discussed that we are just going to meet with realtor and set it up that we each get 50/50 +- what I offered. That’s our plan anyway, should be sufficient, I hope.
    Great news!
  • dankinddankind I am not your foot. Posts: 16,075
    ed243421 said:
    2 words:

    upper decker

    I SAW PEARL JAM
  • Jason PJason P Posts: 18,756
    hopefully she doesn't go this route ...


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