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I am co owner with someone on a house and I am entitled to…

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I am co owner with...
I am co owner with someone on a house and I am entitled to 50 percent of the sale of the home , my boyfriend who is the other owner is stating that since he contributed to more he is entitled to more and that he went to an attorney and can hit me with back lawsuits after the settlement of the house. Is this true and what are my rights ? Also if I decline to agree to anything and the house goes into foreclosure then will I be held accountable ?
Submitted: 2 months ago.Category: Legal
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2/7/2018
Lawyer: legalgems, Lawyer replied 2 months ago
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 12,570
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Customer reply replied 2 months ago
I worked some numbers with him and circled them but nothing is signed or notorized
Lawyer: legalgems, Lawyer replied 2 months ago

I am sorry to hear you are having difficulties in the sale of the home.

If the parties cannot agree on the proceeds then one would need to petition the court to determine the amount that each party is entitled to. Generally this is done unless a party signed a "release" or "waiver" in this regard.

So it will depend on the terms of the settlement.

Normally the court will either distribute the proceeds pursuant to the ownership interest as reflected on title, or alternatively based on the parties' contributions (as they may impose an implied contract). However, contributions are typically limited to contributions to the mortgage (principal) and capital improvements, and credit is not typically given for interest, insurance, general maintenance, etc.

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Customer reply replied 2 months ago
I’m sorry I don’t reslly understand what that means
Customer reply replied 2 months ago
We have nothing in writing as to who is responsible for paying what and he did pay 75% of the mortgage a month
Lawyer: legalgems, Lawyer replied 2 months ago

OK;

it can be confusing;

so essentially the court may:
1. order the property is divided 50/50 if the deed shows that ownership

2. order the division based on who paid the mortgage (so a 75/25 split for example).

It is up to the judge to decide if there was an oral contract though normally they will decide based on the title, unless there is proof of some kind of agreement.

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Customer reply replied 2 months ago
Thank you that is better so would this take place before or after settlement ?
Lawyer: legalgems, Lawyer replied 2 months ago

Normally it would be before the settlement;

the parties may petition the court (file legal documents) asking the court to determine the matter;

or they may sue after the settlement UNLESS the settlement has a waiver/release where the parties state they release "any and all claims" then they generally cannot sue after the fact.

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Customer reply replied 2 months ago
If I choose to just not agree then the house will just go to forclose right or can the court force me to do that
Customer reply replied 2 months ago
Sorry for the typos , it’s an upsetting time
Lawyer: legalgems, Lawyer replied 2 months ago

Yes I'm sure it is very upsetting-don't worry about typos I can usually figure out what is being typed.

The court can order a party to sell the home and the thing is that if a court determines a party is unreasonably consenting to a sale they can order attorney fees and costs to be paid by that party to the other party.

This is called a "partition" order.

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