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I bought a house 2 yrs with another person, Its not a joint…

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I bought a house 2...

I bought a house 2 yrs with another person, Its not a joint mortgage,but under the title common mortgage. We both have 50% each. We are partners in a house only. He wants to buy me out, can he force a certain buyout amount. I am a single mum in brisbane with one child. We both put 50% deposit, and spend roughly half each on reno etc. His income was more and obviously he put more towards things, on the agreement i did all the running around, cook meals etc.

bought house for $302,000
got oan was for $292,000
have $284,000 left to pay

have got 3 real estate valuation all said value now $340 to 380 thou. So am thinking $350 thou, would should my asking figure be. We have spend about $17,000 on renos all up.

I cannot get legal aid as we are not a family, and i can't afford a solicitor, any help or advice would be great.

There has been text threats constantly, and i have kept these on my mobile. He has no children to worry about and is under the impression i have put nothing to house.

Submitted: 13 years ago.Category: Australia Law

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Answered in 2 hours by:

10/6/2009

Solicitor: Leon, Solicitor replied 13 years ago

Leon, Solicitor

Category: Australia Law

Satisfied Customers: 52,712

Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

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HICustomer
Generally you start as high as you can.
Are you in a relationship or just friends?

Customer reply replied 13 years ago

We were in a relationship, but ended it before we bought the house together. We bought the house together as friends, as both wanted to get into the housing market and thought together we would have a better chance. He was going to the mines and i was to take care of the house. He would always have a place to come back in between shifts. This was the plan. He never ended up getting a job in the mines. I am a single mum with 1 child. We are living in the house only as friends. We have a gargage/granny flat which he has being living in for the last 18 month.We are both paying and have always paid 50% each of the loan repayments. Too many dramas, not working. One of use needs to move on. I cannot buy him out, as i do not earn enough to take on the mortgage on my own. So he wants to buy me out. As mention earlier we bought the house for $302, paid 10 thou deposit, 5 thou each. About 284 thou left on the loan which is in both names. bought house 07/07, now he wants to buy me out. He has gone to a solicitor, but is asking for me to give him an amount. He seems to have forgotten that i put half the deposit and paid just below half for renovations. He was and is earning more than me, and has put more money into this house, so i have compensated that with running around, getting prices for everything and doing the grocery shopping, cooking the meals for everyone etc. etc. If we can't work out a settlement amount, then i just want to put it on the market and get what we get and split it 50/50. Is there anyway i can get out of the loan apart from selling or getting him to buy me out. If he doesn't want sell, can i force him too. What are my rights. On top of it all, he has threatened me and my child is scared of him now. And keeps on texting me on my mobile; as we do not event speak to each other; and suggesting things like " get prepared to pay big legal bills", "something will be coming your way soon from his solicitor" be prepared up etc etc. Don't know if this is just to scare me into accepting any price and should i go to a solicitor and make note of every little cent i have put towards the house in the last 2 years. I want to know, can he do anyting without my approval, are they just threats. What would be a reasonable pay out firgure. This is both our 1st house.

Solicitor: Leon, Solicitor replied 13 years ago

HICustomer
as you are not in relationship any distribution of the sale proceeds will be in the shares on the title.
Nothing can be done by him alone without your signature unless he has a court order.
If he wants to buy you out then get a Valuer to give a market value and then you can decide if you are happy with him paying you out your share of the equity and taking over the whole of the loan.
The result is the same as if you sell the property you only get half after all mortgages and fees are paid.
This way you will get more as no agent will be involved.
I hope this is of assistance and if so please click on the accept button

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