Any advice on a deed matter? any lawyers with suggestions? (no advice-I understand lol)

Alright ATS, hoping someone can help me out here, I am living with a man who owns his own home, he bought and paid cash with a settlement he received (this was 5 years ago) at the time he was living with another woman and when he bought the place, he put her name on the deed. PLEASE don't go off on the OMG!! comments, ok? He's a good guy and wanted her to feel comfortable as she was worried his family (adult children) would step in and try to take it if anything happened to him....Fast forward to now, 5 years later....she moved out a year ago, and is now re-married elsewhere...however she is demanding that he sell the property so it can go through "partition" as she wants half of the property value....NOW, this is where it gets tricky....she NEVER put a dime down on the place, she never worked while they were together (she claimed she had COPD and couldn't work, though TODAY she is employed-LOL) They were NEVER married, she was also waiting for a settlement, and after spending his, and hers came in...she left, taking her settlement with her....not only that, she was taking money from him and placing it in her own account (we can prove this) What does she have to stand on? Should we file a lawsuit for half the value of the property to offset the partition? She never paid a dime of her own money, always used his and kept her own account seperate (her settlement came in about 3-4 months before she left)....like I said, please keep the negative comments at bay, he knows he screwed up, and after the dressing down he received from his mother? Ya'll just can't compare LOLOL!! any advice?

a reply to: rockhndr
My layman's opinion, until a lawyer comes along, is that the whole point of deeds is to be "proof of ownership".
If her name is on the deeds, I suspect that will be good enough for the courts.

a reply to: rockhndr

If he didn't get her off the deed, then I would say he's still owns one half and she owns one half. Seems to be a clear cut case there. He should have gotten a "Quick Claim Deed" (en.wikipedia.org... ) from her as soon as possible when he felt she was going to book. (What State are we talking about also) I was a real estate broker and came across many sad stories, it comes down to hiring an attorney. (make sure that attorney has the experience (competence) to handle such a case. Also, he really should ask, "IS IT LEGALLY POSSIBLE FOR ME TO WIN THIS CASE AGAINST HER". I say this because at this time the attorney "might" go over some cases he "won", but he should ask about the cases he "lost", that will probably answer that guys question about his and hers legal right to the property.

just a normal dudes opinion....seems like he is probably screwed.
he put her on the deed. willingly.
does not sound like she did anything illegal.
spent his money. saved her money. now she wants half of we she legally owns with him

yeah....seems pretty straight forward

Yes, you are right, it does show ownership...but under what percentage? Basically she conned her way onto it (by pleading the whole "what if something happens to you? You're kids will kick me out) You and I both know the type lol...Is partition an equal absolute? Or can it be proven she had NO intention of bringing her money into this house...I do believe that when you trust someone with your money, and they STEAL it outright, that is "misappropriation of funds" No? Yes? Maybe? Pretty sure we can file the lawsuit for no money from her at all, and not only that, possibly rent that she never paid?? Yes, I know....consult a lawyer, and we will, just trying to get a few ideas on how to possibly turn the tables on her...

I'm not a lawyer, but I am a land developer and well-versed in property law.

My first question is if you're in a community property state.

If the answer is "yes", the law is clear. Your significant other and his former partner are co-owners of the property. 50/50...

If he granted her an ownership stake without there being a recorded legal contract stating how much of a stake she was granted, it's automatically 50%.

I would try to settle. Offer her 10% of the market value in cash to agree to vacate her claim to title. Get an equity loan if you don't have the cash...

If you're not in a community property state, then that's a little different. A judge might take into account the circumstances surrounding the issue. I doubt the outcome would be much different, but as she voluntarily vacated the property, and if it could be proven cashing her out would render the current occupants homeless, the judge might impose a more workable settlement.

Another problem I see here is that the ex could conceivably get an equity loan on her half of the property and then just walk away. The bank could then foreclose and either demand repayment or force a short sale.

The best thing I can suggest is to try and buy the ex out if you want to stay in the house.

She has contacted him and knows she can do the Quitclaim deed, she actually agreed to do it but has made no move to do so, she has shut down ALL communication (blocked) and we have her texts saying she didn't want anything, just her name off (at first) now she is just being a female dog....and yes, I am quite angry about it, as not ALL women are this way and she's tarnishing the rest of us dammit!! I am hoping the judge sees through all this and has him buy her out.....for a DOLLAR

Oh, wow...so sorry, as I was asked earlier what state...Maine

originally posted by: TinySickTears
just a normal dudes opinion....seems like he is probably screwed.
he put her on the deed. willingly.
does not sound like she did anything illegal.
spent his money. saved her money. now she wants half of we she legally owns with him

yeah....seems pretty straight forward

Exactly right.

If you grant someone title to a property via a deed in common, that is essentially a gift.

I have seen so much of this over the years... The OP's beau is probably just a nice guy who was trying to do the right thing and now -- POOF! Half the value of his property is gone.

She wouldn't be able to take out any loan against the property without him having to sign also a reply to: SBMcG

originally posted by: rockhndr
Yes, you are right, it does show ownership...but under what percentage?

That probably depends on the wording. If two people are named without any differentiation, then the law might well interpret that as half each.
In his position, I would not feel veryconfident.

originally posted by: rockhndr
Basically she conned her way onto it (by pleading the whole "what if something happens to you?

Sorry to say it, but your partner fell for her victim scenario so I'd say sell it, offer her half, and count yourselves lucky if you get to see any proceeds.

Wise men say...."marry the second one first".

I say...."A man who lives by his balls, dies by the balls".

Also, isn't it only the deed-holder who can sell a property? Isn't it up to her if the house is put up for sale?

Only a lawyer can help you here. Interesting story and I hope you and your man don't get too much agro from this interesting lesson.

Keep us posted, I'm sure we'll help with as many options as we can think of.

He's screwed. He picks the wrong kind of woman to get involved with......oh I better exclude you in that statement or you might just chew my ear off.

I am just kidding, I know nothing about you.

originally posted by: rockhndr
Oh, wow...so sorry, as I was asked earlier what state...Maine

Well, that's probably a good thing -- Maine is not a community property state.

If you can get her to sign a quitclaim, that would be great, but BE VERY CAREFUL! Have it done by an attorney and make sure it's 100% by-the-book, otherwise she could claim fraud down the road and end up owning the place outright.

originally posted by: rockhndr
She wouldn't be able to take out any loan against the property without him having to sign also a reply to: SBMcG

Not necessarily. She can subordinate or sell her position in title depending on your state's laws.

He had no idea she was going to leave, came home one day from work...and she was gone...no forwarding address, no communication, just gone...he had to hunt her down to get responses and now has cutout completely...a reply to: musicismagic

originally posted by: SBMcG

originally posted by: TinySickTears
just a normal dudes opinion....seems like he is probably screwed.
he put her on the deed. willingly.
does not sound like she did anything illegal.
spent his money. saved her money. now she wants half of we she legally owns with him

yeah....seems pretty straight forward

Exactly right.

If you grant someone title to a property via a deed in common, that is essentially a gift.

I have seen so much of this over the years... The OP's beau is probably just a nice guy who was trying to do the right thing and now -- POOF! Half the value of his property is gone.

yeah he seems like he made a major mistake

how did she con him into it exactly?
cause she laid it on thick about what will happen to me?
thats not a con...

maybe he was just being nice and generous but come on...you cant do # like that.

he basically volunteered half his house to her for whatever reason...
sounds like OP is pissed about it and i dont blame her....i would be too.

while not really morally awesome it does not seem like this person is skirting the law and doing any illegal #

i tell you what if someone i was living with volunteered half their house to me by putting me on the deed and things fell apart for whatever reason i would be wanting half too.

again...not saying it is the coolest thing to do but i absolutely would

imo, you gave me half now i want to collect

LOLOL!! Nah, I'm one of the "good" ones.....never taken anything from ANYONE that I didn't earn myself and he and I have known each other for 35 years...grew up together actually lola reply to: rickymouse

originally posted by: rockhndr
He had no idea she was going to leave, came home one day from work...and she was gone...no forwarding address, no communication, just gone...he had to hunt her down to get responses and now has cutout completely...a reply to: musicismagic

this type of # is always so nasty.
not the same i know but my boss is at the tail end of his divorce. married for 20 years. his # fell apart fast.
when it first started going down he was pretty optimistic about it. told me they were gonna be civil and friendly and were going to work it all out and split # down the middle.
i told him it would not go down like that and it was going to be a battle.

two years later he is paying for a house he does not live in anymore and it looks like he is going to have to pay 7 years alimony to the tune of 90 grand.
in ohio 3 years married equals 1 year alimony.

she always had a job but he made much better money.
the kicker is she wanted the divorce and as soon as he left the house she had a dude move in so this guy is paying for some other dude to stay in his house and his going to be supporting her still.

# is just not fair sometimes...

i would definitely go talk to a lawyer but in the end he gave it to her....
that is not being conned. that is not fraud.
that is being nice.....and stupid

well yes, I am pissed about it...and rightfully so...but does it mean I want anything out of this for myself? NO...if we have to move, so be it, I got his back and don't need possession or money to show how much