a friend is convinced that i can pay him off and make him go away by getting him to sign over the house to me via an edit deed.
However, when i briefly approached the subject before, it appeared that i would have to refinance.
I have a home based business, and even though i pay 95% of the bills, I cannot "on paper" afford the house. It's screwy but that's the system.
Anyway, does anyone know if i can make him go away via an edit deed WITHOUT a refinance?
IF only life were easier. Sigh.
My atty said if I went to trial on my D the judge would give me xxxx amount of time to refi.
However, instead of going to a trial, we settled out of court. What XWH agreed to is that I NEVER have to refinance the house if he can claim one child on his taxes. It also states that he would quitclaim the house to me - we should have had those documents ready at the final hearing however, because now he is waking up. He doesn't want to sign the deed over to me because he is on the loan. He also cannot get approved for a home loan because he is still on this loan with me.
So, long story short, your atty will prob need to work out some deal so that you can keep the home without refinancing.
If the D is finished and you are still co-owners, you must work with him or file a lawsuit asking for something called "partition." That is when co-owners can't agree and you ask for court intervention to sell, buy or divide co-owned property as is appropriate.
I had my attorney draw up a new deed and record it. I then worked with my mortgage company to amend my mortgage so that he was removed.
You can always remove him from the deed, but not the mortgage- that way he has no ownership of the house, nut he is still liable for the mortgage.
All of this was in our divorce. Till I was in a position to buy him out and refinance he was still on the mortgage but not on the deed.
Okay first we are not married.
so there is no divorce
one blessing that i have in this!!!
(still it's a bitch and we've been together 14 years which is considered in law to be a long term "marriage!) (or is it 15 years, no matter!)
we jointly own the house, i believe it's tenants in common but he's paid 18 months of mortgage and i've paid 49 months of mortgage so i'm HOPING some sort of FAIR compensation can be arranged. Plus all bills, maintenance etc etc etc ETC.
I actually want to sell the house this spring, BUT I want him OUT this month. I want him to GO AWAY.
If i can give him some money, just a little because the son of a bitch has raped me financially (and i let him, dumbass me) and he goes away, then i can LEISURELY deal with the house on my own.
There is NO danger of him being on the mortgage because he knows i would NEVER default.
((One more thing: I don't know if tenants in common supercedes EVERYTHING else but if i brought my case before a judge, I have tons of evidence to show my financial contribution to back up a fair distribution of house sale profits if he keeps owning it until sale. But I'm NOT adversarial and DO NOT want court and I just want him gone gone gone. Gone.)
THANK YOU>>>>>> i am desperate to call attorney but I'm waiting until after New Year!!! I wonder how many new year's resolutions including "dumping the chump" and attorney's get busy on January 1st?
1- Negotiate something with him that results in him signing over the house or allows you to sell it.
2- Keep doing what you are doing now until it becomes untenable to you.
3- If all else fails, go to court with a partition lawsuit. These types of lawsuits are not very common and I suggest you learn as much about them as possible before you interview lawyers. I doubt very much that you will find a lawyer who has done one.
Anyway, in our divorce docs, he said he will agree to let me carry the mortgage for 4 years and then I will refinance. I'm not going to screw him over because I'm not like that.
This way, I can keep the house, and he's not going to have to worry about carrying a mortgage while he's renting. It's all in the divorce agreement.
[This message edited by Lola7 at 6:52 PM, December 29th (Sunday)]
I feel better just having this info. Like I have possibly choices.
And to wonderpets, darn right in your case. I wouldn't do it either but he's protected by my hyper financial responsiblilty. still i wouldn't do it in your case. Good luck!!!!
Ty ty ty