Dissolving real estate partnership and buy-out amount
This is a discussion on Dissolving real estate partnership and buy-out amount within the Other Real Estate Law Matters forum, part of the REAL ESTATE & PROPERTY LAW category; I own a home with 2 other women. We all currently live in the home. When we purchased the home ...
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#1 |
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Junior Member
Join Date: Mar 2008
Location: Ontario, Canada
Posts: 1
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I own a home with 2 other women. We all currently live in the home. When we
purchased the home in 2001, one of the co-owners put up 30% of the money in cash. We obtained a mortgage for the remaining amount. Now I am getting married, and the other two have agreed to buy out my interest in the property. We had a market value assessment done, and agreed to the current market value, as per our real estate agent's advice. My question is in regards to the buy-out price of the house. The person who put up the money for the original purchase is arguing that since she put up 30% of the original purchase price, she is now entitled to 30% of the current market value. According to her, we should take the current equity amount, subtract her 30% of the current market value, and divide the remaining amount in three equal parts. She says she is entitled to this amount as interest on her original investment. I argue that there is no guarantee of interest in real estate. My solution is to take the current equity in the house, subtract the dollar amount of her original investment, and divide the remaining amount in three equal parts. We have owned the house together since November 2001, and have equally shared all costs and expenses for the property since that time. No written agreement exists. I refused to agree to her solution prior to closing the deal in 2001. Please respond with a legal solution to this situation. Thank you. |
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#2 |
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She is correct:
assuming: $100,000 purchase price. 30% is her investment plus 1/3 of the rest. therefore if house is now valued at $200,000. You would deduct $30,000, her cash upfront. That would leave $170,000. the $170,000 would then be divided by 3. why, because she has been making 1/3 of the mortgage payments. You have to understand CASH IS KING!!!! |
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