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LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 28323
Experience:  10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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I live in wyoming and my ex and i bought a house ofter our

Customer Question

I live in wyoming and my ex and i bought a house ofter our devorce. she put in 113000 dollars as a down payment and from a previous sale of a house another 100000 dollars went into it. the value of the house is around 300000 dollars. I have been paying on it for a year along with the utilities she hasnt put in another dime. Now we arent together the house is vacant and has been for about 8 months. we tried to sell it. no takers. I tried buying her out and offered her 165000 she wont take it but wants me to keep making the payments and the utililities. I am at the point of just signing a quit claim deed and walking away. The botXXXXX XXXXXne is I have about 55000 invested she has 163000. what are my options.
Submitted: 4 years ago.
Category: Legal
Expert:  LegalKnowledge replied 4 years ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

I certainly understand your concern. Is the loan in both names or just yours? Also, is there any equity in the home? What does she want to do with the home? I know you said it has been vacant for 8 months, so what is her basis for allowing it to sit idle?
Customer: replied 4 years ago.

equity is about 210000 and the loan is in both names. she wants to live in it but if i give her a quit claim deed she will sell it

Customer: replied 4 years ago.

the reason its been idle is because when i tried to live in it she made it hell for me. I would have my kids come over and she would make it uncomfortable for them to be there. she would just be rude so i left the house to enjoy more time with my kids (we do not have children together)

Expert:  LegalKnowledge replied 4 years ago.
Warren, thank you for that additional information. If both of you are on title, you both have a legal interest in the home and a share of the equity and/or profits, upon sale. If you were to sign a quit claim deed and just give the property to her, you would lose your legal interest/right. Moreover, you would still be liable on the loan. If she is willing to sell it and you are in agreement, that should be done. Seeing how there is equity in it, the money contributed at this point by both parties could be recovered and returned, with the profits split. If she is on the loan, she has just as much of an obligation to pay as you, so while she wants you to keep making the payments, she should be paying half as well. If she want to live in it, you can let her and just come to an agreement that she will pay the mortgage or a portion thereof, since she is occupying it. If you do not have anyone interested in the home, you may want to use the services of a Realtor, who can market the property and list it for a sale price, which will draw attention. If you and her are unable to come to any agreement on what to do with the property and neither wants to pay the mortgage, the final step would be to proceed through the court and try and get the Judge to force the sale. It would not make any sense for her to allow the loan to go into default, as a result of neither paying, yet still wanting to keep the home, since both your and her credit, would be ruined. As such, see if you can propose a sale of the home and if she does not want to sell it and wants to live there, then get her to pay the mortgage. The last thing you want to really do is sign a quit claim deed and just give it to her, since that really has no benefit to you, based upon everything which you described above.

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Expert:  LegalKnowledge replied 4 years ago.
Hi Warren. I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!