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TJ, Esq.
TJ, Esq., Attorney
Category: Real Estate Law
Satisfied Customers: 12369
Experience:  JD, MBA
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I bought a condo with a friend 6 years ago and now I want to

Customer Question

I bought a condo with a friend 6 years ago and now I want to buy him out. In February he said that I could but he had to file for bankruptcy first. I waited till June to was for it to be discharged. The as I applied for refinance one of his debt collectors put a judgment on our title. Furthermore, in those 6 years I have paid his half or the mortgage twice, HOA once, and have done more improvements and repairs than him. Finally, when we bought the place I put $8k down and he put nothing. Now he wants me to buy him out for 50% of the value of the place. Do I have a case that I could bring to court?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  TJ, Esq. replied 2 years ago.
Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.I'm sorry to say that based upon the facts that you shared, you do not have a case against the co-owner. The reason is twofold:First and foremost, you wrote that he filed for bankruptcy and that he was discharged a few months later. That means any debt that he would have owed you was discharged. Accordingly, you would be prohibited from taking legal action against him.Second, you likely never had a viable case against him in the first place unless you can prove that he promised to pay you back. If you cannot prove that there was such a promise, then the money that you paid towards his share of the expenses would be considered a gift. But as mentioned above in my first point, this is moot since he filed for bankruptcy and was discharged.I really wish that I had better news for you. Please understand that I would love to give you good news, but I owe it to you to give you an honest response. In any event, does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied.