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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38546
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I am equal owners of a manufactured home with my former wife.

Resolved Question:

I am equal owners of a manufactured home with my former wife. We purchased it after we had been divorced for 1 year. At that time we were back to living together. A year later she moved out and bought another trailer leaving me with a trailer I could not sell for half of what we paid for it. now 5 yrs later I have a buyer that will pay a fair price with cash in hand. I have made sure with her that she was willing to except 1/2 of the sale price and would sign the deed. The buyers had got a deposit back that they had put on another house so they could buy ours. I had not recieved a deposit or even a written proposal. All was handled by phone. Application for home park has been submitted. Realitor says escrow will be thru in about 10 days. I have not physically lived in the house fo 8 mon. Tonight I recieve a call from the x announcing that she is moving into the house and to come get my stuff out and it not for sale. 2 questions, #1 What recorse do I have here. I live in or now and the house is in Ca. #2 Can the people that wanted the house sue us for any thing and win. Very unforunate for them and I feel responsible.
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

I am genuinely sorry to hear that you are in this situation. If you lived in this home, you could have legally blocked her from entering and taking the premises over. As it stands, since the home was not being used, she could legally retake the premises. At most your recourse would be to take her to court and seek a formal judicial sale, which is essentially a court ordered auction for the property. It would be based on auction value rather than market value, but it could sell the home and get her out of it as well. As for the people, if there is no deposit or proposal, there is as yet no formal offer or contract--they cannot sue since they did not show by any significant steps that they were seriously purchasing the property. They also did not suffer any financial harm.

Hope that helps.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38546
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
Dimitry K., Esq. and 8 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Technicly, I may be considered as residing there because I pay the taxes and the park rent, the utilities and keep the cable going. pay for lawn service and ins. Plus I have a registered car in the drive way and most of my clothes are there and 1000 of $ worth of furnature and all of my tools and welding equip. is there. Wouln't I still be considered the tenent?

Expert:  Dimitry K., Esq. replied 1 year ago.

Dave,

Thank you for your follow-up. By 'residing' there, I mean physically being on premises. Paying taxes and park rent is not the same as residing there, it involves physical presence--for example if you were renting out the unit, you would still have the same obligation for paying taxes and park rent and you would still not be a tenant. You would not be considered a tenant if you do not sleep there, you do not receive your mail there primarily, and you pay taxes elsewhere--that is how domicile is evaluated and set.

I am sorry.

Customer: replied 1 year ago.

If I hurry there before she makes a move then live there for the time being she cannot move in but can I force her to sell her half to me or force her to buy my half

Expert:  Dimitry K., Esq. replied 1 year ago.

Dave,

If you physically get there first, then you do not have to let her in. However you cannot force her to sell or sign off on the sale. To get that done you could do it via the partition/judicial sale option that I discussed previous;y. Nobody can compel or force someone else to sell their rightful share against their will.

Hope that clarifies.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38546
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
Dimitry K., Esq. and 8 other Legal Specialists are ready to help you

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Dimitry K., Esq.
Dimitry K., Esq.
Lawyer
38546 Satisfied Customers
Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.