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Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 100052
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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I purchased a home in Wise county in 2000 I got a loan with

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I purchased a home in Wise county in 2000 I got a loan with a mortgage Co. and a high interest rate because of my poor credit, my sister moved in with me and she has good credit so I ask her if she wished to buy into the house. She got a loan at a lower interest rate and we had the attorney do a quick deed to put my name back on the house. I was offered a position with the Government and had to move to another part of Tx. I continued to pay half of the rent for a time but then I told her I could no longer keep this maintain one have of the home mortgage and provide a place for my self to live. I however paid one half of the Insurance per year until for years. I also have paid one half of taxes to present time. When I retired she told me she did no wish for me to move back in and wanted me to remove all my belongings. Her Ex husband had moved in at some point and surly could have contributed to the home upkeep but never did. I paid for half of the broken pipes under the floor and for half of the front which was falling apart.
during this time I suggested we sell the house or I could rent my room out, we even put the house on the market until the salesman put up the sale sign without my signature. Then I received a call from a mortgage company wanting to know who I was because she had tried to refinance the home without letting me know and they ran a title search and my name was there. I will tell you heated words were exchanged but in the end I signed the papers which stated the home belonged 1/2 to her and 1/2 to me. I retired and did not push any issues until her son had graduated from High School. Then she lost her lob and was not in a good state of mind so I said nothing. I am taking care of my elderly mother in hospis at home and when my sister come to see my mother I told her we needed to sell the property, she said not until she was ready an she intended to subtract everything she ever put into the home and besides I only had a quick deed and sorry I had made a bad decision by letting her buy into house. I guess I could go on but this is enolugh
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Ely replied 11 months ago.

Hello and welcome to JustAnswer. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. At this point, it sounds like the property has two owners - you and her.

If the two owners cannot agree as to what to do, then either can file for what is known as a partition in court. A partition has the Judge decide on how to divide the property based on equity (fairness). The Court may order the property:

-sold and proceeds split, or

-have one party buy the other out, either lump sum or over time, or

-whatever else the court believes is equitable.

Whether or not the Court will give her credit for any money she put into the home is up to the Court, however, this is unlikely given her attempt to refinance without your authority which makes her look bad.

Perhaps the threat of such a lawsuit to her may be enough to come to a settlement, because otherwise partition litigation can cost thousands of dollars to both parties.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 11 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never rated positively. I am simply touching base. Let me know. Thanks!

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