Need advice on property dispute.

Hi!
Hi! Posts: 3,095
in A Moving Train
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.

Detroit 2000, Detroit 2003 1-2, Grand Rapids VFC 2004, Philly 2005, Grand Rapids 2006, Detroit 2006, Cleveland 2006, Lollapalooza 2007, Detroit Eddie Solo 2011, Detroit 2014, Chicago 2016 1-2, Chicago 2018 1-2, Ohana Encore 2021 1-2, Chicago Eddie/Earthlings 2022 1-2, Nashville 2022, St. Louis 2022

«13

Comments

  • dudeman
    dudeman Posts: 3,160
    Did you purchase the house together?
    If hope can grow from dirt like me, it can be done. - EV
  • Hi!
    Hi! Posts: 3,095
    dudeman said:
    Did you purchase the house together?
    Yes, we have lived in it for about 12 yrs. Typical FHA loan.

    Detroit 2000, Detroit 2003 1-2, Grand Rapids VFC 2004, Philly 2005, Grand Rapids 2006, Detroit 2006, Cleveland 2006, Lollapalooza 2007, Detroit Eddie Solo 2011, Detroit 2014, Chicago 2016 1-2, Chicago 2018 1-2, Ohana Encore 2021 1-2, Chicago Eddie/Earthlings 2022 1-2, Nashville 2022, St. Louis 2022

  • Kat
    Kat Posts: 4,961
    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: 3,095
    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.🤯

    Detroit 2000, Detroit 2003 1-2, Grand Rapids VFC 2004, Philly 2005, Grand Rapids 2006, Detroit 2006, Cleveland 2006, Lollapalooza 2007, Detroit Eddie Solo 2011, Detroit 2014, Chicago 2016 1-2, Chicago 2018 1-2, Ohana Encore 2021 1-2, Chicago Eddie/Earthlings 2022 1-2, Nashville 2022, St. Louis 2022

  • cincybearcat
    cincybearcat Posts: 16,836
    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: 3,095
    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.

    Detroit 2000, Detroit 2003 1-2, Grand Rapids VFC 2004, Philly 2005, Grand Rapids 2006, Detroit 2006, Cleveland 2006, Lollapalooza 2007, Detroit Eddie Solo 2011, Detroit 2014, Chicago 2016 1-2, Chicago 2018 1-2, Ohana Encore 2021 1-2, Chicago Eddie/Earthlings 2022 1-2, Nashville 2022, St. Louis 2022

  • Hi!
    Hi! Posts: 3,095
    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

    Detroit 2000, Detroit 2003 1-2, Grand Rapids VFC 2004, Philly 2005, Grand Rapids 2006, Detroit 2006, Cleveland 2006, Lollapalooza 2007, Detroit Eddie Solo 2011, Detroit 2014, Chicago 2016 1-2, Chicago 2018 1-2, Ohana Encore 2021 1-2, Chicago Eddie/Earthlings 2022 1-2, Nashville 2022, St. Louis 2022

  • Kat
    Kat Posts: 4,961
    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
  • oftenreading
    oftenreading Victoria, BC Posts: 12,856
    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: 3,095
    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. 

    Detroit 2000, Detroit 2003 1-2, Grand Rapids VFC 2004, Philly 2005, Grand Rapids 2006, Detroit 2006, Cleveland 2006, Lollapalooza 2007, Detroit Eddie Solo 2011, Detroit 2014, Chicago 2016 1-2, Chicago 2018 1-2, Ohana Encore 2021 1-2, Chicago Eddie/Earthlings 2022 1-2, Nashville 2022, St. Louis 2022

  • brianlux
    brianlux Moving through All Kinds of Terrain. Posts: 43,663
    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!
    "It's a sad and beautiful world"
    -Roberto Benigni

  • Hi!
    Hi! Posts: 3,095
    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. 

    Detroit 2000, Detroit 2003 1-2, Grand Rapids VFC 2004, Philly 2005, Grand Rapids 2006, Detroit 2006, Cleveland 2006, Lollapalooza 2007, Detroit Eddie Solo 2011, Detroit 2014, Chicago 2016 1-2, Chicago 2018 1-2, Ohana Encore 2021 1-2, Chicago Eddie/Earthlings 2022 1-2, Nashville 2022, St. Louis 2022

  • dankind
    dankind Posts: 20,841

    I SAW PEARL JAM
  • F Me In The Brain
    F Me In The Brain this knows everybody from other commets Posts: 31,814
    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
    The love he receives is the love that is saved
  • PJPOWER
    PJPOWER Posts: 6,499
    I’m with the others here, talk to an estate lawyer.  Just curious, though, who holds the mortgage?  
  • Hi!
    Hi! Posts: 3,095
    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.

    Detroit 2000, Detroit 2003 1-2, Grand Rapids VFC 2004, Philly 2005, Grand Rapids 2006, Detroit 2006, Cleveland 2006, Lollapalooza 2007, Detroit Eddie Solo 2011, Detroit 2014, Chicago 2016 1-2, Chicago 2018 1-2, Ohana Encore 2021 1-2, Chicago Eddie/Earthlings 2022 1-2, Nashville 2022, St. Louis 2022

  • mace1229
    mace1229 Posts: 9,831
    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
    PJPOWER Posts: 6,499
    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: 3,095
    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. 

    Detroit 2000, Detroit 2003 1-2, Grand Rapids VFC 2004, Philly 2005, Grand Rapids 2006, Detroit 2006, Cleveland 2006, Lollapalooza 2007, Detroit Eddie Solo 2011, Detroit 2014, Chicago 2016 1-2, Chicago 2018 1-2, Ohana Encore 2021 1-2, Chicago Eddie/Earthlings 2022 1-2, Nashville 2022, St. Louis 2022

  • Bentleyspop
    Bentleyspop Craft Beer Brewery, Colorado Posts: 11,422
    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.

Categories