Need advice on property dispute.

2

Comments

  • Hi!
    Hi! Posts: 3,095
    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.🙏🏻

    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

  • PJPOWER
    PJPOWER Posts: 6,499
    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: 3,095
    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

    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

  • PJPOWER
    PJPOWER Posts: 6,499
    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: 3,095
    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.


    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! 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: 3,095
    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?
    $

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

    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
    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
    PJ_Soul Vancouver, BC Posts: 50,680
    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
  • PJ_Soul
    PJ_Soul Vancouver, BC Posts: 50,680
    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: 3,095
    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.

    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
    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.

    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
    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: 3,095
    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.

    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

  • Renfield
    Renfield NYC NY Posts: 1,054
    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: 3,095
    ^I did speak with an attorney and you are correct. I’m hoping we can somehow just sell without the courts. Thank 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

  • 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: 3,095
    edited September 2019
    ^No doubt. After talking with the attorney, I would be looking at fees anywhere from $3000 to $5000+. No 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

  • mace1229
    mace1229 Posts: 9,831
    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.