Ex won't agree to sell the house

This is a discussion on Ex won't agree to sell the house within the Other Real Estate Law Matters forum, part of the REAL ESTATE & PROPERTY LAW category; My ex partner and her two children moved back in my/our home because she was evicted from her apartment. We ...

Consult Your Own Personal Lawyer Now!
Reply  POST NEW QUESTION

 

Thread Tools Search this Thread Rate Thread Display Modes
Old Apr 21st, 2011, 02:53 PM   #1
Junior Member
Country:  
CC1217's Flag is: United States
 

CC1217's Avatar
 
Join Date: Apr 2011
Posts: 2

Default Ex won't agree to sell the house

My ex partner and her two children moved back in my/our home because she was evicted from her apartment. We are no longer together and the agreement we had when they moved in was for them to stay until her child graduates high school and selll the house so we could both move on.

Our relationship was always toxic and she is bi-polar. She has now made it completely clear that she has NO intention of signing any papers to sell the house. She has no credit, is currently unemployed and has nothing to lose by staying. I, on the other hand, have excellent credit and really need to disassociate myself with her and move on. I cannot risk letting the house fall into foreclosure. I cannot afford to borrow more money to buy her out. I've offered her that option before and she refused.

How can I get her to agree to sell the house?

Desperately needing advice.
Thanks!
"Legally bound and miserable in PA"
CC1217 is offline   Reply With Quote
Old Apr 22nd, 2011, 05:53 AM   #2
Top Level Member
 
AFFA's Avatar
 
Join Date: Dec 2009
Posts: 17,365

Default Re: Ex won't agree to sell the house

I wish to inform you that if there has been an agreement to sell the house then as there exists a contract regarding sale you may enforce that agreement. Alternatively you may inform other person that you will sell your share of ownership to some other person if she does not agree to sell the house jointly. If still the other person does not agree then you may file a suit for partition and can sell your share after house has been partitioned to some third person. As you are a co-owner therefore you may sell your share of ownership. In the case of D’Arcy v. Buckley, 71 Bucks Co. L. Rep. 167, it has been expressed that in the absence of a deed there lies one half of interest in each co owner so you may claim half of the house ownership.

AFF
AFFA is offline   Reply With Quote

Did you find this post helpful? Yes | No
Old Apr 22nd, 2011, 08:01 AM   #3
Junior Member
Country:  
CC1217's Flag is: United States
 

CC1217's Avatar
 
Join Date: Apr 2011
Posts: 2

Default Re: Ex won't agree to sell the house

Thank you, AFF.
The deed has both of our names as joint tenants. The mortgage only has my name. If I file suit for partition, would I have to designate the third party purchaser?

Could I also agree to sign the house over to her (and just walk away) if she can get her own financing? If so, how does my existing mortgage get satisfied?
CC1217 is offline   Reply With Quote

Did you find this post helpful? Yes | No
Old Apr 25th, 2011, 05:14 PM   #4
Top Level Member
Country:  
Friend In Court's Flag is: United States
 
Friend In Court's Avatar
 
Join Date: Apr 2011
Location: Florida
Posts: 12,327

Default Re: Ex won't agree to sell the house

Quote:
Originally Posted by CC1217 View Post
Thank you, AFF.
The deed has both of our names as joint tenants. The mortgage only has my name. If I file suit for partition, would I have to designate the third party purchaser?

Could I also agree to sign the house over to her (and just walk away) if she can get her own financing? If so, how does my existing mortgage get satisfied?
The partition action would result in an order for her to buy out your interests by such and such a date. Or you buy out her interest by such and such a date, her ordered to cooperate with the sale, in lieu if that is your wish. If she doesn't want or isn't able to buy out your interest, the court can order her to cooperate with the sale.

As to the mortgage, it is your liability and unless the lender agrees to substitute her in your stead, release you from liability, it's yours. Until it's paid off by its terms or cashed out by a new purchaser or mortgage.
Friend In Court is online now   Reply With Quote

Did you find this post helpful? Yes | No
Old Apr 29th, 2011, 10:06 PM   #5
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

Default Re: Ex won't agree to sell the house

Quote:
Originally Posted by CC1217 View Post
Thank you, AFF.
The deed has both of our names as joint tenants. The mortgage only has my name. If I file suit for partition, would I have to designate the third party purchaser?

Could I also agree to sign the house over to her (and just walk away) if she can get her own financing? If so, how does my existing mortgage get satisfied?
It's unclear why you added her name to the deed without adding it to the mortgage, but this is the nightmare that results in that. Did you have a written agreement? Only written agreements are enforceable in real estate matters.

It's clear she's being difficult and spiteful. Normal people will not turn down money in exchange for selling their interest in real estate.

How do you expect she's going to get her own financing if she's unemployed, has no (or bad credit) has an eviction on her record and has a mental illness?

She's shooting herself in the foot because she has no financial leg to stand on. She cannot afford the mortgage herself and she cannot continue to force you to A) keep living under the same roof with her and B) continue to make you solely financially responsible for all the bills.

You can speak to an attorney and inform him/her that all attempts at reasonable negotiation with this strange woman have failed and ask that he/she file in court either a (not very well known) proxy (where she's holding up the sale and basically holding you hostage, a judge can have a proxy sign to sell the property for her) or your attorney can file for a partition.

Partitions are a last resort. They're both costly and timely.

You cannot "sign the house over to her and just walk away". You would have to sell it to her if she could actually buy it. It would be like another other purchase and sale agreement of real estate.

No, you don't file a third party purchaser. What a judge will do if a partition is ordered is order the house sold for a certain amount of money and if there is any profit, it would be split either evenly or according to who has invested the most in the property.

From there, a real estate agent gets involved and lists the house for sale. There is no "third party" to be "designated".

In the meantime, find a cheap place to stay and have all of the utilities (clearly they must ALL be in your name only) shut off. This will make it highly difficult for her to live there. Also, since you both own the house in its entirety and can each do whatever you want with it as a whole, I'd put a tenant in there. What's she going to do? She has no money to pay an attorney for advice and she has no money to take any retaliatory action. You do not need her permission to rent any portion of the property to whomever you choose.

Pay ONLY the mortgage and other bills associated with that. (House insurance, land taxes).

I'd also ask a judge to order a psychological evaluation on her to determine whether she's fit to make decisions for herself. If she's not, a legal guardian will be appointed to make decisions for her and that might get the leverage you need to have a more competent, impartial, reasonable person make perfectly reasonable decisions on her behalf.

Clearly, this woman is in dire need of some sort of psychological help. She cannot force you to continue to live with her and own property with her. Nobody has to put up with another human being they do not wish to associate with.
  Reply With Quote

Did you find this post helpful? Yes | No
Old Apr 29th, 2011, 10:17 PM   #6
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

Default Re: Ex won't agree to sell the house

Quote:
Originally Posted by AFFA View Post
I wish to inform you that if there has been an agreement to sell the house then as there exists a contract regarding sale you may enforce that agreement. Alternatively you may inform other person that you will sell your share of ownership to some other person if she does not agree to sell the house jointly. If still the other person does not agree then you may file a suit for partition and can sell your share after house has been partitioned to some third person. As you are a co-owner therefore you may sell your share of ownership. In the case of D’Arcy v. Buckley, 71 Bucks Co. L. Rep. 167, it has been expressed that in the absence of a deed there lies one half of interest in each co owner so you may claim half of the house ownership.

AFF
The above response is chock full of inaccuracies and misinformation.

Unless the agreement was in writing, there exists a thing called Statute of Frauds, and it involves all real estate transactions. If the agreement was verbal, it's unenforceable.

The case you cited has absolutely no similarity to the OP's predicament. His deed is JOINT TENANTS and NOT Tenants in Common.

A partition means a judge will ORDER the house sold (not only one person's share) It gets sold in its entirety and any profits split. Or any remaining debt split.

There IS a deed. A Joint Tenancy Deed. Please read the OP's post before responding.

While you cannot do this as a result of a court ordered partition, OP, you CAN sell your interest. But you must find someone willing to buy it for what your current balance on the mortgage is, with the stipulation that the buyer will be locked in a Tenants in Common situation with your ex-psycho, err, girlfriend. The buyer MUST be informed of this.

Once you sell your interest, the joint tenancy will be broken and she will become a Tenant in Common with the new buyer.

Frankly, I'd go the court route and I'd make sure she was psychologically evaluated. She CAN be forced to sign off on the property for a reasonable offer. That she's refusing all reasonable scenarios speaks of a very desperate, pathological need for attention from you and an inability to let go of you and move on with her life.
  Reply With Quote

Did you find this post helpful? Yes | No
Old May 3rd, 2011, 07:07 AM   #7
Banned User
Country:  
karinabartram's Flag is: United States
 

karinabartram's Avatar
 
Join Date: May 2011
Posts: 14

Default Re: Ex won't agree to sell the house

Tell him that if he doesn't want to sell that he needs to pay you for your half instead of you paying for his half.

Last edited by karinabartram; May 7th, 2011 at 12:53 AM.
karinabartram is offline   Reply With Quote

Did you find this post helpful? Yes | No
Old Oct 23rd, 2012, 11:43 AM   #8
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

Default Re: Ex won't agree to sell the house

I am going through the same type situation except my ex girlfriend got a restraining order on me and had me removed. She has temporary property control because of the restraining order. My house is upside down and I offered her the half of the down payment we put down to buy her out . That was denied. I asked to short sale and was denied. She simply states she has property control and she will stay until it's foreclosed and she is kicked out. She has been living there for six months and has not paid anything and I cannot afford to pay alone. The mortgage company sent it to the forecloser lawyers a month ago.I filed for a partition 3 months back and she never replied, so I have defaulted her and sent in a judgement packet begging the court to order a sale. I am waiting for the response from the court. If the Judge signs it and orders the sale, can the sale or short sale be done with out her signing anything because of the order?
  Reply With Quote

Did you find this post helpful? Yes | No
Old Oct 23rd, 2012, 01:06 PM   #9
Top Level Member
Country:  
Friend In Court's Flag is: United States
 
Friend In Court's Avatar
 
Join Date: Apr 2011
Location: Florida
Posts: 12,327

Default Re: Ex won't agree to sell the house

Quote:
Originally Posted by Unregistered View Post
I am going through the same type situation except my ex girlfriend got a restraining order on me and had me removed. She has temporary property control because of the restraining order. My house is upside down and I offered her the half of the down payment we put down to buy her out . That was denied. I asked to short sale and was denied. She simply states she has property control and she will stay until it's foreclosed and she is kicked out. She has been living there for six months and has not paid anything and I cannot afford to pay alone. The mortgage company sent it to the forecloser lawyers a month ago.I filed for a partition 3 months back and she never replied, so I have defaulted her and sent in a judgement packet begging the court to order a sale. I am waiting for the response from the court. If the Judge signs it and orders the sale, can the sale or short sale be done with out her signing anything because of the order?
Once the partition order has been signed and entered, she has no choice but to accept the short sale. Sure, she's living there scott free and will remain until the sheriff comes to boot her out and toss her belongings to the street, to be expected from her position and conduct.

There is one possibility if the house is going to foreclosure and that is through the mortgage company. Most have a program "cash for keys" in which they will pay an owner or tenant to vacate the property. You might consider this option if you are anticipating foreclosure, if they refuse a short sale.
Friend In Court is online now   Reply With Quote

Did you find this post helpful? Yes | No
Old Sep 4th, 2014, 05:46 PM   #10
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

Thumbs Up Re: Ex won't agree to sell the house

Wow, well if you are looking for someone to buy out your half, I can help. I help families move past the divorce process faster by purchasing their property within six days or less. Call me now for a chance to sell your old home quickly and fairly. 702.582.9823 and ask for me, my name is SILOH. I even purchase troubled properties sometimes with out an inspection

Quote:
Originally Posted by CC1217 View Post

My ex partner and her two children moved back in my/our home because she was evicted from her apartment. We are no longer together and the agreement we had when they moved in was for them to stay until her child graduates high school and selll the house so we could both move on.

Our relationship was always toxic and she is bi-polar. She has now made it completely clear that she has NO intention of signing any papers to sell the house. She has no credit, is currently unemployed and has nothing to lose by staying. I, on the other hand, have excellent credit and really need to disassociate myself with her and move on. I cannot risk letting the house fall into foreclosure. I cannot afford to borrow more money to buy her out. I've offered her that option before and she refused.

How can I get her to agree to sell the house?

Desperately needing advice.
Thanks!
"Legally bound and miserable in PA"
  Reply With Quote

Did you find this post helpful? Yes | No
Reply

Bookmark & Share

This thread has 11 replies and has been viewed 10544 times

Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes Rate This Thread
Rate This Thread:


Posting Rules
You may not post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off

Format Your Messages
Add Forum to Google Toolbar
Forum Jump

Similar Threads

Thread Thread Starter Forum Replies Last Post
divorce is final but ex-husband won't move so we can sell house mbeanie Divorce, Separation, Annulment 4 Apr 22nd, 2014 12:05 PM
Husband won't sign papers to sell house and I have paid the mortgage kpinkney Divorce, Separation, Annulment 3 Dec 30th, 2011 11:38 PM
Divorced but he won't sell house (marital home, New York) EShep Other Real Estate Law Matters 2 Apr 29th, 2011 10:30 PM
Grandmother passed away - will says sell the house... uncle won't! Unregistered Wills, Trusts, Estates 2 Jun 20th, 2010 10:45 PM
Seller won't sell item I won because it didn't bring enough Unregistered Business Contracts & Partnerships 1 Nov 26th, 2008 09:42 AM




All times are GMT -5. The time now is 03:22 PM.