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| Landlord vs Tenant Issues Landlord and tenant issues, including rent, leases, non-payment, eviction, holdovers, summary proceedings, etc. |
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#1 |
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Ex - Wife
When I devorced 3 years ago, we had a contract that stated she gets the house, but she have to pay it (the house is on my name). If she skip payments for two months, I get the house and she must move out. She skipped payments here and there and pay only half of what she is supposed to. I went to my attourney he wrote her 3 letters to move out. She ignored the first two and appealed against the last one. She wants all the money she paid up to date, then she will vacate the house within 30 days. my attourney said I must pay her to move out. What about all payments she skipped that I had to pay in. And she had to maintain house wich she didn't. I build 4 flats to help her with the payments on the bond. What can i do? I feel she is the one that broke our contract, now I have to Pay up. She wont move if i dont pay her. What can I do?
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#2 |
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You have to pay her because of the shared equity in the house. She got the house in the divorce to offset her equity. Now that she must leave, she wants her half of the appreciated value of the house. (The house has become more valuable in the time that you have owned it together. You have paid off some of the mortgage in that time. Half of that value belongs to her. She now wants her half in order to move.) Pay her and get a quit claim deed to show that she has no more interest in the house and that you own it free and clear. If you had forced her to refinance the house in her name at the divorce, the half of the equity that you had in the house would have been paid to you in the divorce procedings.
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