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Answered in 2 hours by:
4/11/2008
Kara K., Lawyer
Category: Real Estate Law
Satisfied Customers: 185
Experience: 14 years experience as a real estate attorney - licensed in 3 states
VerifiedHello and thank you for contacting Just Answer!
I'm sorry to hear of your troubles.
You cannot force her to leave. As joint owners, you each have the right to use and occupy the property and neither of you can exclude the other. However, joint owners are also equally responsible for the expenses of the property. Since the property is "upside down" in terms of equity, you may have some bargaining power.
I suggest you figure out how much you've paid for all the house expenses compared to how much she's paid over the years. Then you could just approach her and say that if she'll sign the house over to you, you won't ask her to repay any of the costs that she, legally, owes you. Of the 5k deposit, 2500 was her share anyway, so the other 2500 was a contribution over and above her legal responsibility. It sounds like you've put in more than that amount over the past few years.
If she'll sign off on the property and you own the property 100%, then she has no more rights to use the property and she'll have to leave (or be evicted).
Another bargaining "chip" is the fact that the house is worth less now. As joint owner, she is also responsible to absorb 1/2 of the losses of the property. Think of it like an investment. You can tell her that you'll waive her contribution to the loss of equity if she'll sign a deed into your name.
If she agrees - I highly recommend you contact a local attorney to draw up the documents. It is well worth the few hundred dollars to make sure everything is done correctly.
I hope this information helps - Good Luck!
I'm sorry to hear of your troubles.
You cannot force her to leave. As joint owners, you each have the right to use and occupy the property and neither of you can exclude the other. However, joint owners are also equally responsible for the expenses of the property. Since the property is "upside down" in terms of equity, you may have some bargaining power.
I suggest you figure out how much you've paid for all the house expenses compared to how much she's paid over the years. Then you could just approach her and say that if she'll sign the house over to you, you won't ask her to repay any of the costs that she, legally, owes you. Of the 5k deposit, 2500 was her share anyway, so the other 2500 was a contribution over and above her legal responsibility. It sounds like you've put in more than that amount over the past few years.
If she'll sign off on the property and you own the property 100%, then she has no more rights to use the property and she'll have to leave (or be evicted).
Another bargaining "chip" is the fact that the house is worth less now. As joint owner, she is also responsible to absorb 1/2 of the losses of the property. Think of it like an investment. You can tell her that you'll waive her contribution to the loss of equity if she'll sign a deed into your name.
If she agrees - I highly recommend you contact a local attorney to draw up the documents. It is well worth the few hundred dollars to make sure everything is done correctly.
I hope this information helps - Good Luck!
Kara K., Lawyer
Category: Real Estate Law
Satisfied Customers: 185
Experience: 14 years experience as a real estate attorney - licensed in 3 states
VerifiedKara K. and 87 other Real Estate Law Specialists are ready to help you
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