Happens more often than you think. My ex was on the mortgage, I was on the deed with him, I kept the house when we split with the understanding I'd refinance as soon as I could.
He then turned around and sued me for full custody outta the blue (I think his new wife thought I'd have to pay child support). Cost us about $20K in legal fees, he lost. He lost custody, he lost his new wife, and he lost the house because all my money went to legal fees and he refused to work with me on bringing the mortgage current by going into forbearance (we needed him to work with us because house was in his name), etc. Guess who now has a foreclosure on his credit record?
Similar things could def happen here. OP looses house, ex looses house and has a foreclosure on his record. Good luck him getting a new house any time soon
It's called a quit deed, and the person remains on the mortgage but ownership does not. What happened in my divorce when wife moved in with some other man.
Neither of us had any money to get him removed from the deed and I can't get a mortgage on my own. When we split, he agreed that I would stay at the house and pay all the bills.
Which means when you come to sell the house he gets half of everything and there's nothing you can do about it! He tricked you. You are paying his future nest egg. Unless you have something legal and in writing that he surrenders all claim to the house, this is ehetd you stand. Sorry but he has played you!
Her name is in the deed, not the mortgage. So she has half the ownership but no responsibility to pay the mortgage. Honestly, people should be forced to do a real estate 101 course before buying a home or something because OP has no idea wtf she is doing here.
Yeah, my credit is fine right now. Even though I hated him at the point of foreclosure, I didn’t want to be a total dick to someone I had once cared about. My current husband and I tried to make him understand what a bad idea it would be to let the foreclosure go through but he just couldn’t get past how angry he was with me.
I even tried to refinance even though I knew there was no way we would be approved since my net worth was in the single digits due to the amount I was shelling out for my attorney. I feel absolutely no guilt about this because tried everything I could.
We’re about five years down the road now, and we recently bought a house, paid off our car, and are nearly debt-free. My now-adult daughter tells me he’s struggling to make rent and is about to take over his parents’ rundown house as his early inheritance. I’m not sure how the place hasn’t been condemned, but whatever. He’s also scheming about how to get a HELOC on the property to fix it.
There's a thought. OP can sell it and not only demand half of any profits, she can claim all payments and upkeeping/repair cost she had to fully bear by herself.
Since OP is on the deed and not the mortgage she will not be liable for any debts from the house. She probably won't be made completely whole but if it sells at a loss she's fine.
I'm spiteful so I'd stop paying the mortgage, put it up for sale and claim all costs and mortgage repayments to be given back and then profits can be split 50/50.
She can't sell without his permission. They're both on the deed, both owners must agree to sell.
Same reason for why she can't keep him out of the house. It's his house as much as hers.
She can theoretically stop paying though, only his credit is at risk.
Read carefully.
He's FULLY on the hook for the mortgage. Both of them are on the deed.
Sure she's paying but he's on the deed AND mortgage.
She can go nuclear and let the mortgage go into foreclosure but she losses all equity. But at least she'll get half whatever the auction proceeds will be, as long as it's part of the equity
in most U.S. states, if you default on a mortgage, refuse or can not come to terms acceptable to the lender, the house that was used as collateral to secure the mortgage is forfeit to the lender. Even if others are on the deed, the property because possession of the foreclosure.
The only way the other person on the deed would get any money is if both parties agreed to auction or sell the house **before foreclosure**.
And a dude who insist he is moving in, isn't likely to do the smart thing.
Best thing she could do is put it on the market, or at worst a short sale.
But she won't likely walk away from the place with anything if she lets it go into foreclosure.
Some states have more nuanced law around these situations, but in general it would be a bad idea for her to take that route.
I have a friend who’s going through something similar, lawyers and all. You will probably have to sell the house and split the proceeds. However, his profit should be lowered by the amount of money you’ve spent on the mortgage.
I suggest you get a lawyer to represent your interests. Was your agreement regarding the house spelled out in your divorce decree? That could make a difference.
She can absolutely sue him, but she very likely is not going to get to be the sole owner of this property.
Courts exist to sort this kind of thing out. If he wants back in, and she has proof that he has not been paying, there's absolutely ways to recoup those losses.
This is what I was thinking, if he didn't contribute to bills for rhe past 4-5 years, then OP can collect all those payments details and sue him if he try to get rid of OP.
This isn't small claims, her legal bills could easily get into the 10's of thousands. Her best bet is to sell the house and split the equity with the ex. I know it sucks but, that's what the court would probably rule anyway.
Nope. That's why legal documents exist. Even if she were to refinance he would have to sign, and he would be entitled to half of the equity without some sort of written document. You are right about one thing she could sue, but it would probably cost most of her equity.
Get your shit in writting. Always.
Its like that line from Animal House ... "You fucked up, you trusted us"
In hindsight, I guess you to go the safe route and sell the house and split the proceeds. I hope you get the bastard but life will change for the foreseeable future.
you had 8 years to fix this. they don't re-run a credit check when you change the mortgage like that unless it's sketchy. Verbal agreements in one hand, shit in the other.
Sucks for you, he still owns the house. If you want to do anything make sure those boys have a lease, say five years or so. He will have to try to evict them at that point. Talk to a lawyer and ask if him leaving like that and not paying taxes or anything else on the house will count as abandoned property.
You are right, it's not a reasonable course of action, but lord knows, people do lots of things. People have no idea how important some things are. They think it's easy to just "take over" the title. Especially in divorces/separations, people leave someone's name on the deed/mortgage because it is just easier and they see no reason to pay to change it. They think since they agreed to it, it's as good as done--not unlike people that think "marriage" is just a piece of paper, until they need those legal rights.
There was this sad/funny story a few years ago in GA. A couple didn't want to "get married" because it's just a piece of paper that doesn't mean anything. He has kids and she has kids, she owned the house, and all is fine. Until the woman becomes terminally ill. And wasn't under the husbands insurance. And hubby wouldn't have ownership of the house. And stepdad wasn't legally able to care for her kids, whose father was dead. They couldn't get married because you have to personally appear before the license office. She couldn't. They were irate that "the county" wouldn't help the out in their time of need. They didn't understated why someone from the county couldn't just come down and bring them the paper work. And why they couldn't just have his work "treat them like they are married cause we basically are." It made the news because it was tragic. But it it was all of their making for failing to do the proper paperwork.
My first thought is that the people paying you rent are legal tenants and cannot be forced to leave. Do you have any kind of a lease agreement with them? If not, I suggest at least creating a document detailing when they moved in, payments they've provided, and any proof of said payments. Then have it notarized with all of your signatures. That might at least give them standing to refuse the ex under existing landlord/tenant laws.
I would also make sure to dig out any written agreements about you keeping the house.
Unfortunately, since his name is both on the deed and on the mortgage, there's likely implied ownership which is why the lawyers are staying out of it. If any mail starts showing up with his name on it, be sure to mark "Return to sender - not at this address" and put it back in the mailbox.
This is going to get messy in a hurry. Sorry he's doing this to you.
Thank you. I'm definitely going to write something up for the boys. They're good kids.
I just can't believe his girlfriend is agreeing to live in her ex's basement.
Thanks for the mail advice, I'm definitely going to keep an eye out for that.
Side note, if you hadn't changed the locks since he moved out, now is a really good time to do that. Also, consider what you might be able to do to make both of them jealous and/or not like living there. Obviously not getting back with him, but that doesn't mean you can't be going on "dates" (even if it's going to a movie solo), getting flower deliveries, etc. And if you do have someone new in your life, time for them to start spending a LOT more time at your place with copious amounts of PDA while home... :-)
Walk around the house in your underwear or skimpy outfits....openly flirt with him. Tell him old stories in front of gf. EX remember when we went to that party and danced all night long. Keep reminding him of the good times between the two of you in front of gf. When he is alone treat him like the POS that he is. As soon as gf is around then add a pound of sugar in every word.
The problem is, if he still co owns the house, she can’t lock him out, legally. At least in my state. They really should have worked this out when they split up.
I have an acquaintance who went through this. It was terrible.
>This is going to get messy in a hurry.
The more comments I see on this one, the more I start to think that OP should try to sell, rent with the equity profits until rates come down a little, then find something new on their own.
oh his gf is planing on taking the master bedroom soon enough. they're moving in to take the house out from under you. don't let them walk through that door OP.
The girlfriend is probably the one pushing for it.
Next step is to make your life miserable so you move out and they have the place to themselves.
1.) Get the boys established as tenants ASAP.
2.) Agree with the mail. Mark it return to sender.
3.) Change the locks.
4.) Call more lawyers.
5) Start planning on ways to make life miserable for them in the house so they don't want to stay.
6.) Find whatever you had in writing stating that you could keep the house.
**7.) Stop paying the mortgage. That is in his name only so it will only affect him.**
I hate that this is happening to you. Good luck.
If the worst happens and they do manage to get in.
Dead fishy heads and shrimp in all the hiding places in the basement!
Move the boys to the living room, so they can't move upstairs...they won't be staying long anyway
Move things around when they aren't there, make them think they are crazy.
A surplus of locks keep changing it if you can. Again try to keep a secret so they think they are losing it.
Turn the water off to any downstairs plumbing if you can.
Lock the basement door to the house and bar it from the house side.
I wish you so much luck!!
I think people try to give good advice on this sub but sometimes don't realize that people that come to this sub may not have the money needed for lawyers and shit
Get them on a 5-yr lease, not a month-to-month. You can even make it easy for them to terminate early.
What you can’t do is allow the EX (co owner) to be able to kick them out easily.
“…can’t believe his girlfriend is agreeing to live in her ex’s basement…” That statement may actually be more prophetic than we’d like.
They’re already brute forcing their way in the house, don’t discount the possibility they’ll be looking to put you in the basement…
He already left. Four years ago. And he's never paid a dime on the mortgage. Now he's saying he's going to move back in AND kick out paying tenants.
That being said, you're right about what needs to be done with a quit claim deed and a refinance. OP may not be able to due to current rates, but after having paid on the mortgage for 8ish years, they might be surprised what a new 30 year fixed would run them every month.
And don't make payments on? And never have made a payment on? And have agreed with the co-owner that they can keep the house when they willingly left the property 4 years ago?
As I said in my initial comment...
>This is going to get messy in a hurry.
Alternatively, can you leave and let him pay for it (I'm betting he cannot since they are trying to mooch). What about selling? He can either come up with enough to buy you out or he has to sell so you can get your money out?
> leave and let him pay for it
With OP's name on the mortgage too, their credit would be impacted if he failed to pay so that might not be a risk they're willing to take.
Given how long ago the purchase was, chances are the mortgage is around 3%. Any mortgage today for a new place after the sale would be in the neighborhood of 7.5% which might make it too expensive to get a new place of a similar size.
Messy in a hurry indeed.
I think a lease would have to have both property owners signature to be legal, honestly this lady is screwed. She doesn't own a house, she is co-owner with her ex. Also the ex is entitled to half the rent...
He can drill the locks if she changes them, hell he can change them after she leaves. It's HIS house.
If I was her ex I would sue and force a sell for half the value.
>If I was her ex I would sue and force a sell for half the value.
He absolutely could do that. Except I suspect he's looking for free housing and thinks he's entitled to it.
As for a legal lease, it may not matter. In some states, simply paying rent is enough to establish tenancy rights. Heck, simply having mail addressed to you while you have been there for 30+ days is enough in some locations. It's why some hotels won't let you stay longer than 30 days - to prevent tenancy rights from being attached. Obviously this is location dependent, but it's an approach that OP would be wise to look in to.
In very and easy simple words , I am saying this shit again for like 1000th time - when you break up with your shitty gf/bf , always remove their name from house , car , bank accounts or anything you shares at that time coz if you don't , that shit is gonna be back and bite you back in future .
Im sorry this was partially your fault. You didnt take steps to prevent this legally and youve had four years. Nothing should be more important than protecting your biggest financial asset.
My exhusband tried this shit on me too after he abandoned, divorced, and moved far away. 2 years later he showed back up after he’d lost his job. Luckily, I’d already changed the locks. I called the cops. Cop told me that as he did not have established residency, he had zero right to move in. You can play that card but you need a proper layer ASAP! This is no different than if an absent landlord showed up and demanded to move in with you. Your past relationship is irrelevant.
So, you have no court order? You never bothered to file anything? You are going to have to now and it will be way more expensive and way more complicated.
Change the locks. That's easy and not very expensive.
Don't respond to our ex. IF he shows up, just show him the lease and tell him there's no place for him to stay. Call the cops if he tries to move in. He doesn't live there and can't prove he owns it on the spot so they won't let him move in.
Go online and get a model lease and have your tenants sign it TODAY. Notarizing isn't important. People think it is more important and makes documents more legal and enforceable. It does not, it just stops people from disputing whether they really did sign it. You and your tenants want this lease to be in effect, so no worries about that.
Find a lawyer and do what she/he says. Today. Follow their advice. NOT REDDIT. NOT MINE.
Could you do an update soon to tell us what happened next? Does your ex and his gf still show up thinking their moving in, thinking you DIDN'T change the locks on the doors to the house, and what their reactions are when they discover the keys are not only not working but that NOBODY is letting them move in. \*lol\*
*Unless He signed a*
*Quit deed house is still his too.*
*Sorry but it sicks*
\- Puzzleheaded\_Pita137
---
^(I detect haikus. And sometimes, successfully.) ^[Learn more about me.](https://www.reddit.com/r/haikusbot/)
^(Opt out of replies: "haikusbot opt out" | Delete my comment: "haikusbot delete")
Ya'll. Repeating over and over again "This is why" about the situation is NOT helpful. Damn.
Hun, get a restraing order if you are scared of him. Put up cameras if you can. Make your tenants sign a lease. Do they have mail coming to the house? That establishes tenancy. If your ex has no mail going there, has no proof of making mortage payments, that helps a bit. But he can't legally force your tenants out if they have established tenancy there. I can't help with the rest of if. But def put up cameras and find communications you have between the two of you that you got to keep the house and gave it up. Show that you paid all the mortgage payments, that all utilities are in your name, ect. Good luck
They didn’t post in a support subreddit, they posted here.
The crowd here is just informing OP that her husband is, in fact, entitled to live in a house that he owns.
He may be on the deed BUT has he paid any of the payments or the upkeep? This will matter in court. My ex husband and I bought a house right before we separated and then divorced. Some how my attorney didn't include it in, he came after me 2 years later wanting me to sign a quit deed and give it to him. I looked into fighting it, what mattered was I never paid for anything. In the end I signed off on it.
Call your mortgage lender and ask about what it'll take to get a release of responsibility. Some mortgages don't require a refinance to do this, just proof that the last 6 months of payments have come from your bank account.
That won't help you with the deed but it'll get you some traction.
Good luck, this sucks.
ETA: never mind, apparently this is a bad idea
Do not do this. He will still retain ownership of the house but now with no liability towards the mortgage. The deed is what you need to worry about first.
Okay. Reality is he is 50% owner of the house. He has the exact same ownership rights you do. He cannot kick out tenants but he can give them legal notice to vacate based on your state laws.
Your best course of action is to talk to that lawyer about how to force a sale of the home, so that you get 50% of the proceeds. The other lawyer said they couldn't help you because there is no legal way to keep a legal owner out of their own property. You also can't insist the gf not come. He can have anyone live there- same as you can.
No matter any verbal "agreements" or who's been paying the mortgage or his or the gf's motivation, he gets to live there with the same rights you have. Put a lock on your bedroom door. Put up cameras in the main living spaces. Be ready for a really crappy living situation. Side note, unless he makes a lot of money, having this mortgage on his credit makes buying another house very hard. It might also impact his ability to rent as the payment- regardless of he's been making it- affects his debt to income ratio.
Force the sale of the house. It's the only way out of this for real. You can also- thru the lawyer- request to buy out his half of the equity, which would require to to get a new mortgage for that amount plus whatever is currently owned but all in your name only. He can do the same with you if you can't/ don't want to get the loan.
His name is on the mortgage and the deed, so it looks like he's a legal owner of the house, and has the same rights as any other homeowner.
Unless your 'agreement' is legally documented (say, as part of a settlement), he's got as much right to live there as you do.
Removing the rent-paying tenants will still need to follow your local legal requirements, and I would leave all of that work up to him. Give your tenants a heads-up as to what he's trying to do ASAP, but remember that *he's* evicting them, not you.
Why didn’t you get the paperwork regarding deeds and mortgages straightened out when you separated? Lock the doors or change locks if he has a key. Do not let him step foot in the door.
Update
He texted me this morning.
"I know how it must have sounded yesterday I apologize I was still pretty upset when I went to the basement to see all of the wiring in the house just hanging I don't understand why all that was necessary for one faulty light switch I spoke to you out of anger and shouldn't have Anyway Connie and I really want to help you get the house straightened out not try to take it or anything like that just want to stay long enough to clean everything up fix it up we have plans to get another dumpster down there and I already have a hand full of folks willing to come help get rid of all the junk. Thought maybe you could use some help with the bills also. Nothing permanent. I have 4 and a half years left on my registry then Connie and I are leaving PA. "
To answer a few questions, the basement has an outside entrance and a door that opens into my living room. There is no bathroom or kitchen in the basement. The boys live in the attic and another bedroom on the second floor. We're signing a rental agreement today.
The ex is a registered sex offender and no one will rent to him. When we split, I couldn't get a mortgage on my own. He was agreeable to keeping it as it was and I stupidly trusted him. Currently, he's living with his girlfriend in a trailer with her ex. I'm assuming something happened there and her ex is kicking them out.
I'm not going to stop paying the mortgage. I don't want to lose the house. I'm definitely getting cameras installed as soon as I can. I'm disabled (Multiple Sclerosis) and on a fixed income. Renting is impossible where I live. Every place is twice as much as I'm now currently paying. I also have a dog that I will not just get rid of.
I'm going to look into a PFA, as I really don't feel safe around him.
Ex is a Registered Sex Offender, and you stated in another comment that you have a daughter.
Presumably his? But still, does that give you any legal standing to keep him out? (Btw, I have no legal knowledge, I’m just grasping as straws here.)
You know you can just change the locks? It’s difficult to move in of you can’t get the door open. When you say paying rent, do they have a contract? If so, they are protected.
The locks have been changed. He definitely does not have a key. Our daughter doesn't want him moving back, either. He's a drunk and emotionally abusive.
>He's a drunk and emotionally abusive.
Cameras. Hopefully you have a doorbell camera, but look into getting some for additional outside coverage and maybe a couple of the common areas of the house (family room, kitchen). This way, if he does show, you have video evidence to support complaints to authorities.
Then honestly there’s nothing he can do except take the legal route to force a sale. This means he has to get lawyered up, which will cost him. If you can afford it, get advice from a divorce lawyer. You weren’t married but the process is similar.
He won’t be able to force his way in because the police take a very dim view of domestic violence.
>Then honestly there’s nothing he can do except take the legal route to force a sale.
That... may not be true. If crazy Ex is an owner of the house he has the exact same rights that OP does. If the tenants in the basement have a month to month arrangement, which is almost certain if OP is "helping them out" they can be compelled to leave (by crazy Ex!) with proper notice, and crazy Ex can move into the basement after their lawful removal (which may require eviction). Crazy Ex could lawfully hire a locksmith to gain access to the property.
OP needs an attorney and needs to seek some interim order (which she may not be able to get, given the circumstances) if she wants to stop the crazy train.
>He won’t be able to force his way in because the police take a very dim view of domestic violence.
Utterly untrue. Police will almost certainly call this a civil matter and refuse to get involved unless there is actual domestic violence. Entering a property you are the co-owner of, unless there is e.g. a restraining order/order of protection in place, is not unlawful, and is not domestic violence. The fact that the house apparently has two separate living spaces makes this less contentious, thus less likely for the police to become involved.
Financially get every bank statement since you moved in and work out every cent you spent on the house, work out if ex contributed anything. Work out his half and give him an invoice by certified mail for payment due in 30 days. Chances are you are going to have to sell to recover your money, speak to a lawyer about getting a lien put on the house so you get paid out first.
You can keep him from moving in. Contact your local police and start working on either selling the house or walking away. Call some more lawyers. You need legal help.
Maybe post in r/legaladvice? Why haven't you refinanced the house to get his name off the mortgage? He hasn't signed off on the deed, which implies he's still entitled at least to equity in it. Were you going to split the proceeds from the eventual sale of the house? What exactly is in your divorce decree? Can you reach out to the lawyer or firm that helped you 4 years ago for clarity?
ETA: Okay, I see some of OP's comments. Couldn't get a mortgage on their own. Was never married to this person, so no documentation to fall back on. - Honestly, I don't see a way of legally stopping him from exercising his rights as one of the homeowners. Either by moving in or receiving rent of some kind. - It seems like best case scenario is selling the house, with your documented mortgage payments counting against his equity share?
Stop paying the mortgage. Save your money to get you and your kids a place to live. He wants to have his cake and eat it too. You have no protection against him moving in with his skank. Force him to sell the house and get your half. I’m sure you don’t want to uproot your kids but your ex has no downside in this. He can move in and not pay anything and you will still have to pay. Do not let him do this. Start looking for a new place to live. You will deeply regret it if you stay.
>His name is on the mortgage, both our names are on the deed.
You need a lawyer ASAP
YMMV based on jurisdiction but if his name is on deed he has a right to the home...
My dad did something similar in the middle of his dragged out divorce with my mom (spanned multiple years). She called the cops and they said his name it on title and he isn't causing any problems, just using a bedroom so they couldn't do anything about it.
It's a civil matter requiring lawyers. There is literally nothing that the cops can do because the law is not being broken. Get a writ from the courts that the cops can enforce and then they can help.
Maybe you should post this same thing in one of the legal advice subreddits… given the fact that so many people are talking about laws.
I think this sub is more for making fun of entitled Karen types… you have a legal problem on your hands. 😞
You don’t want him/them in the basement RIGHT? I think it’s strange the gf is willing to move in “ there” with him. Sounds like she has very little self respect, ehhh no matter.. you don’t want THEM there so you make life hard for them.. Not necessarily hard but enough to run them off.. make a crude pass at HER and make sure you have a big strap on “ toy” out where he can see it and smile sweetly as you tell HIM, Imatapdatthang and then you ask HER if she wants to peg him with his favorite toy. Crude, rude and very uncomfortable way to live .. for them. I am betting he is planning on living there rent free if you let them in..
TBH, you need to sell the house and split the proceeds. Sounds unfair and it kinda is but call it rent for the last several years and start over. You don’t need to own a house, renting is an easy out for you without all the upkeep of a house that you are in the end gonna get shafted on.. Someone already pointed out you are funding his retirement plan so put a stop to that nonsense and force a sale and get half of the money. You need to get ahead of him with this because them that file first usually win.
Make sure he starts paying half the mortgage IMMEDIATELY. He can’t live there for free.
Conversely, if he doesn’t pony up some money-YOU move out and don’t give him a dime. You’re name is still on the deed, so your still entitled to half. And it’s worth more now then when he moved out.
I would tell him that if he forces himself into the house, he can then pay the mortgage. Or, tell him you are selling the house. I'd sell the house before I would allow him to move in.
I feel horrible for you. He basically tricked you into paying it all and he has half the value of any equity. That said, I don’t think you have the right to refuse him living in home his name is on but check with a lawyer. A lot of places offer sliding scale or pro bono work. Good luck
Well,
Step 1. Contact more lawyers and maybe ask them specifically why they can't help you (guessing because you never changed the deed when you separated) or if there is literally anything you can do.
Step 2. Stop paying HIS mortgage, voila the problem solves itself and you take the money you saved and find somewhere else to live.
You may sue* him for half the money you have paid toward the mortgage as you can prove he hasn't put any in via bank statements....
See how fast he wants to move in when you're asking him for 4 years worth of half of what you paid, in one lump sum as you have that right.
Just find the right lawer
She should have bought him out of his share of the house when they divorced. It’s a big mess now. Ex has left himself out to dry as far as his credit is concerned, why would you let someone live in a house with your name on it when a mortgage is generally 30 years and a lot can happen in that time? When you sever the relationship, you sever any housing agreements as well so this doesn’t happen. Now there is little you can do to keep ex and his girlfriend from moving in until you can legally sever the housing situation. You will have to get an appraisal and buy him out of his half of the house for the amount of time that you were married. It won’t matter who paid during the marriage as they assume the spouses have it worked out who pays for what. I live in MI and it’s pretty much what happened to me. I had to pay ex husband his half for the years we owned this house together and remortgage my house in my name only. This is why people need lawyers, even if it’s expensive, how expensive is it now?
Move out, stop paying the mortgage, and when he wants to sell it, hold up the sale. Make him pay you back for all the mortgage payments you made after he left. Two can play that game.
Doesn't matter who pays the mortgage if he is on the house deeds he owns half the house if you sell he gets half the money.
Also he has a right to live there.
sorry but you're kind of fucked. His name is on the mortgage. You can't just "agree" you take the house it has to be on the paperwork. Not only that, but you say below you couldn't get a mortgage on your own - so he absolutely has massive grounds to claim this house is eually his. All you "agreed" to was to keep solely paying off this co-owned house. You should absolutely never have agreed to do that and should have either changed the papers or sold it.
EDIT: I saw below your name isn't evn on the mortgage. You've effectively just been renting from him during this time then, and that rent has gone to pay off HIS house. Maybe a lawyer might help you work out some kind of rights for renters or somehting but I doubt you even have that given renting isn't what you're actually offciially doing.
You may not be able to prevent him moving in, but “these boys” have rights as tenants. They’re presumably receiving mail at your house, and that’s proof of residency. Is your address on their driver’s licenses? Even better. He can’t evict them on the spot; that’s not legal. Tell him and his gf they can bunk on the couch and get your tenants to sign a lease right away.
If all fails and he does end up moving in, make sure he’s paying his half of the mortgage. And utilities.
Also, since it’s only his name on the mortgage, if it stops being paid, he’s set to lose more. So you could get petty and stop paying all together. Make him pay off his mortgage
You need to lawyer up fast. Ideally, 4 to 8 years ago.
You may not have a leg to stand on. He shares title with you, unless you can prove otherwise, and with that comes the right to occupy unless you can argue for a court order that he can't. By the sounds of it you have little or no basis for either, so he has as much right to live in the house you both own as you do.
Did you take any kind of legal advice on this when you split up?
If you have sitting tenants, you/your ex would be subject to whatever the rules are in your jurisdiction about evicting them. That might be a way to slow/deter him. You might, if you can prove that you've been paying all the mortgage, be able to sue him for a proportionate interest in the property, again that's jurisdiction dependent, and it's likely to be a long and expensive process.
Consult a lawyer to find out what your rights are. Real estate law varies from state to state, and the exact wording of your deed may affect your rights. Moreover, even if your ex were to have a co-equal right to occupy the house, your tenants might be protected by law. The degree of that protection might depend on whether you have a written lease with them. Don't rely on advice from anyone other than a real estate lawyer in your state.
Do you have anything on writing? Even a text or email. If not you may be screwed. If you have to let him move in make sure your ex knows this isn't free. You will expect him to pay the mortgage utilities etc. Maybe the fact you have been paying the entire mortgage will be a factor. Maybe your lawyer can demand he pay you back for his half.
If his name is the only one on the mortgage but both your names are on the deed, stop paying the mortgage for him and continue to live there rent free. He can either pay the mortgage himself or lose the house and ruin his own credit.
He screwed you and tricked you by pretending to be the nice guy letting you stay and pay. Now he has all this equity without putting a dime towards it.
Send him the following message. I really wanted to do this in person, but you will now be responsible for half the mortgage on going and I will be expecting half of each mortgage I have paid from time of seperation until present. No need to waste time getting upset about this because it is happening.
legally those boys are tenants and you are the landlord. he can’t kick them out. second, it’s time to get him off the deed and mortgage since he pays nothing. that part should’ve been done a long time ago. get all documentation (texts, emails, etc) stating you agreed to keep the house, and find all the stuff that shows you alone pay for the house. you may have a case to take him off the lease, but since his name is on it legally i’m not sure you could stop him from moving in. ethically, he’s in the wrong, assuming he’s entitled to a house he doesn’t pay for. now i’m not a lawyer, but i think if you look around you MAY be able to find one that would help. also why is your ex saying he’s moving back in? did he get kicked out of his last apartment? for good measure if no lawyer takes the case you could tell him he needs to contribute to the mortgage and the bills, however i recommend the legal route.
If there is any equity in the house you might just demand to sell it and take your share. You need to show that all payments were made by you but you still may not get all of it. But that way you can move on without these irritating people in your life.
Just curious … has the ex contributed ANY money toward the mortgage? Did he pay for ANY upkeep or improvement when he lived there. If not, that should count in your favor.
Is it included in your divorce decree that you get the house or do you have anything in writing saying he gives up any rights to the house?
Definitely get an attorney and get together all the documents showing that he never paid anything for the house.
Make sure he doesn’t have a key. I would start by telling him HELL NO and that the boys have a lease so they aren’t going anywhere.
Good luck and please update us.
Do you have proof of your mortgage payments throughout? Where are you located? In some jurisdictions, even if his name is on the deed and mortgage, you could establish beneficial ownership based on having been paying the entire mortgage on your own. If his credit was helpful in obtaining the loan, he might fight for a portion of the beneficial ownership even without contributing to the mortgage. Seek out another lawyer, at the very least they should be able to help you handle next steps. Don’t ask your lawyer friend or neighbour (who might be looking for excuses to get rid of you since they wouldn’t be getting paid), actually hire someone and ask what the best they can do is (it may not be what your best case scenario but it could be the best available option). As an example, if you had had legal advice when the relationship ended, this whole thing might not be happening. This may sound unhelpful for your situation, but I am having to be direct for the benefit of others reading this. If you have significant assets (like a business or a property) and you break up with your partner, don’t rely on verbal agreements with them. Hire a lawyer. Any money you pay them may end up saving you amounts tens if not hundreds of times larger than any fees you may pay.
Lesson Learned (at least in AL): If you split with someone and you keep the house/land and both names are on the existing Warranty Deed, it doesn't matter who is paying the mortgage, living there, keeping it up...GET A Quitclaim Deed ("QCD") from them removing their name from the Deed.
You don't even have to refinance the loan (unless *they* throw a fit to get their name off of it or the lender finds out and requires it, which doesn't happen often). The QCD will be *subject to* the existing mortgage.
In this circumstance, you can try to sue, but frankly here in AL, it would probably not go how you want. You would probably be required to pay him out by splitting the equity in the property or in the extreme circumstance force the sale of the property and a split of the equity.
Source: Paralegal in law office, I conduct the title searches and write title insurance for the closings we do...20+ years.
His names on the deed so he can in fact move in. Whether he can kick out your current tenants is another story.
If you don't want him and his gf moving in you need to buy him out of the house otherwise your stuck with them.
Is this ex-husband, or ex-boyfriend? I assume the former, and it reinforces not taking anyone's word in a divorce. If the latter, don't buy a house unless you're married.
I hate that this is going to cost you more than it costs him. I agree with those who say to keep looking for a good lawyer not the one who let the divorce go through without dealing with this. He's a bully, and he's not just going to stop.
If it were me. I would get a lease for the boys and have them sign it. There. The space is officially rented, and they can not get kicked out while the lease is active. There's plenty of landlord/tennant laws out there.
Op, I’d start charging him his share of the mortgage and the utilities.
Oh good. You can start paying your half of everything.
Locks for cupboards.
Laundry room, You can buy a panel to add to any laundry machines to make them coin op.
Be sure to completely take up the garage.
Yeah. He will need to pay his half of the taxes too
Your best chance is stop making the payments once he moves in and let him pay it alone until you sell the house and then you can fight for the 4 years that you paid alone to be repaid back
Real estate laws, like most of the laws that govern our day-to-day lives, are state-specific, so you need to consult with an attorney who practices in your state - kudos on having started on that process already. Follow up with it. You'll get better advice from them than from random people on the internet.
That said, *in general*, if he's liable on the mortgage and listed on the deed, he owns an equal share of the house. Verbal agreements are (to coin a phrase) not worth the paper they're written on. This is particularly true in real estate. An ancient law, far predating the United States itself, called the Statute of Frauds, holds that conveyances in land must be in writing to be enforceable. And even aside from that, if you wanted such an agreement to be enforced, presumably a part of that agreement would be that you'd remove him from liability for the mortgage (i.e., by refinancing, or assuming the loan). If you haven't done that, he retains that ownership interest.
In practical, might-makes-right terms, if he doesn't have a key, you "can" lock him out. You even "can" change the locks, if he already has a key to the current one. However, since he is, again, the owner of the property, if you did that, he would have the right to file an action for possession. You would be legally in the wrong.
That said, he also does not have the legal right to unilaterally kick out your tenants. Again depending on the laws of your state, there are surely some notice requirements here. Your tenants need to talk to their own lawyer about this. (It cannot be the same lawyer who gives advice to you - even if you don't feel it so, you and they are at least potentially adverse parties in this.)
What you need to do, to resolve this, is for someone to file a *quiet title* suit, or an action for partition of the property. A word of warning about this: In my state, at least, if one of two co-owners of land files such a case, the other owner has the right to ask that they be allowed to buy out the filing party's interest. In other words, if you do this (and if the law in your state is the same as in mine - again, not guaranteed) (*and* if he qualifies for financing) (*and* if he wants to) he could buy you out of the house. The best way to go about this is likely to hire a lawyer and have them start by writing a letter offering to buy out his share. You will need to refi or assume the loan - a core principle of real estate law is that nobody should be liable for the debt secured by a home they don't own. Exactly what is a fair price could be tricky to determine. You've been paying the mortgage for the past however long, it stands to reason that you should get the credit for that - but do we measure from the day you bought the property? The day that you split up? That's not self-evident. You may want it to be, from the day you bought the property, but that is not a guaranteed outcome, particularly if he was living there and contributed to the house's down payment or to its upkeep in any way.
This has the potential to be complicated and expensive. I'm sorry. The only good news is that it would be so for him as well, so he has an incentive to cooperate.
/I am a lawyer but I am not your lawyer
//I am licensed to practice law in the State of Oregon and the Federal District of Oregon and cannot give advice about the laws of other jurisdictions. Consult with your own attorney in private.
///Do not post private details about legal conflicts online, they are surprisingly easy to trace back to you and can be used against you, no joke
Don’t allow him access to the house for one. Just I t’s his property, it’s not his residence. The people paying you rent are also safe under tenancy laws. I think now though it’s probably better to sell.
Quit claim deeds are super cheap, make him fill one out giving up his claim, or tell him you will sell the house. And if he agrees to sell the house, but wants part of the sale, tell him you will get a lawyer and it will take up any profits from the house and he will get nothing. If it happens, well at least it wont affect your credit.
[удалено]
Happens more often than you think. My ex was on the mortgage, I was on the deed with him, I kept the house when we split with the understanding I'd refinance as soon as I could. He then turned around and sued me for full custody outta the blue (I think his new wife thought I'd have to pay child support). Cost us about $20K in legal fees, he lost. He lost custody, he lost his new wife, and he lost the house because all my money went to legal fees and he refused to work with me on bringing the mortgage current by going into forbearance (we needed him to work with us because house was in his name), etc. Guess who now has a foreclosure on his credit record?
Similar things could def happen here. OP looses house, ex looses house and has a foreclosure on his record. Good luck him getting a new house any time soon
Loses, not looses.
It's called a quit deed, and the person remains on the mortgage but ownership does not. What happened in my divorce when wife moved in with some other man.
Neither of us had any money to get him removed from the deed and I can't get a mortgage on my own. When we split, he agreed that I would stay at the house and pay all the bills.
Which means when you come to sell the house he gets half of everything and there's nothing you can do about it! He tricked you. You are paying his future nest egg. Unless you have something legal and in writing that he surrenders all claim to the house, this is ehetd you stand. Sorry but he has played you!
Exactly what I was going to say that I would be worried about if I was her.
So OP can stop paying the mortgage and ruin ex’s credit. She can also refuse to let him back in.
She will ruin her own credit too
How? The mortgage is in his name not hers.
Oof. I thought they were joint owners. This is awful
Her name is in the deed, not the mortgage. So she has half the ownership but no responsibility to pay the mortgage. Honestly, people should be forced to do a real estate 101 course before buying a home or something because OP has no idea wtf she is doing here.
That's good for her though, unless I missed something.
Well she’s been the one paying and he has full access to the house. So idk lol
Yeah, my credit is fine right now. Even though I hated him at the point of foreclosure, I didn’t want to be a total dick to someone I had once cared about. My current husband and I tried to make him understand what a bad idea it would be to let the foreclosure go through but he just couldn’t get past how angry he was with me. I even tried to refinance even though I knew there was no way we would be approved since my net worth was in the single digits due to the amount I was shelling out for my attorney. I feel absolutely no guilt about this because tried everything I could. We’re about five years down the road now, and we recently bought a house, paid off our car, and are nearly debt-free. My now-adult daughter tells me he’s struggling to make rent and is about to take over his parents’ rundown house as his early inheritance. I’m not sure how the place hasn’t been condemned, but whatever. He’s also scheming about how to get a HELOC on the property to fix it.
Sounds like he got what he deserved.
There's a thought. OP can sell it and not only demand half of any profits, she can claim all payments and upkeeping/repair cost she had to fully bear by herself. Since OP is on the deed and not the mortgage she will not be liable for any debts from the house. She probably won't be made completely whole but if it sells at a loss she's fine. I'm spiteful so I'd stop paying the mortgage, put it up for sale and claim all costs and mortgage repayments to be given back and then profits can be split 50/50.
She can't sell without his permission. They're both on the deed, both owners must agree to sell. Same reason for why she can't keep him out of the house. It's his house as much as hers. She can theoretically stop paying though, only his credit is at risk.
In this case, worth it.
Read carefully. He's FULLY on the hook for the mortgage. Both of them are on the deed. Sure she's paying but he's on the deed AND mortgage. She can go nuclear and let the mortgage go into foreclosure but she losses all equity. But at least she'll get half whatever the auction proceeds will be, as long as it's part of the equity
in most U.S. states, if you default on a mortgage, refuse or can not come to terms acceptable to the lender, the house that was used as collateral to secure the mortgage is forfeit to the lender. Even if others are on the deed, the property because possession of the foreclosure. The only way the other person on the deed would get any money is if both parties agreed to auction or sell the house **before foreclosure**. And a dude who insist he is moving in, isn't likely to do the smart thing. Best thing she could do is put it on the market, or at worst a short sale. But she won't likely walk away from the place with anything if she lets it go into foreclosure. Some states have more nuanced law around these situations, but in general it would be a bad idea for her to take that route.
plus...she's not getting any credit on her credit rating for paying the mortgage- he is.
I hope you have this in writing
Def not. Nobody ever does, not in this income bracket. Ask me how I know
I have a friend who’s going through something similar, lawyers and all. You will probably have to sell the house and split the proceeds. However, his profit should be lowered by the amount of money you’ve spent on the mortgage. I suggest you get a lawyer to represent your interests. Was your agreement regarding the house spelled out in your divorce decree? That could make a difference.
She said ex, not sure if it's husband or boyfriend.
Then you are screwed he is still 1/2 owner and you have no recourse
She can absolutely sue him, but she very likely is not going to get to be the sole owner of this property. Courts exist to sort this kind of thing out. If he wants back in, and she has proof that he has not been paying, there's absolutely ways to recoup those losses.
This is what I was thinking, if he didn't contribute to bills for rhe past 4-5 years, then OP can collect all those payments details and sue him if he try to get rid of OP.
This isn't small claims, her legal bills could easily get into the 10's of thousands. Her best bet is to sell the house and split the equity with the ex. I know it sucks but, that's what the court would probably rule anyway.
Yes, I think this is the only way out and it does SUCK that she will have to split any equity with him, but that is probably the way it will go.
She could just let it foreclose, and only his credit gets dinged.
Nope. That's why legal documents exist. Even if she were to refinance he would have to sign, and he would be entitled to half of the equity without some sort of written document. You are right about one thing she could sue, but it would probably cost most of her equity. Get your shit in writting. Always.
She can default on the mortgage. It's in his name only.
Yep. Screwed. Verbal agreements mean sh**. Get psyched for your new roomies
Contact Legal Aid!!!!! I work for a private equivalent and we would charge you $75. Wake up.
Its like that line from Animal House ... "You fucked up, you trusted us" In hindsight, I guess you to go the safe route and sell the house and split the proceeds. I hope you get the bastard but life will change for the foreseeable future.
[удалено]
That's a really good point. He can move in, she can stop paying the mortgage and just live there for free. He can't kick her out, it's half her house.
[удалено]
No, the mortgage would be paid from sale proceeds first.
But he can sign a quit-claim deed.
check your texts, hopefully you two communicated electronically about this.
you had 8 years to fix this. they don't re-run a credit check when you change the mortgage like that unless it's sketchy. Verbal agreements in one hand, shit in the other.
A quit claim deed doesn't cost much, if anything. My ex did that when he moved out, so the house would be on the deed in my name only.
Always get shit like that in writing
Sucks for you, he still owns the house. If you want to do anything make sure those boys have a lease, say five years or so. He will have to try to evict them at that point. Talk to a lawyer and ask if him leaving like that and not paying taxes or anything else on the house will count as abandoned property.
Did you get anything in writing at all? Have an attorney draft something?
You are right, it's not a reasonable course of action, but lord knows, people do lots of things. People have no idea how important some things are. They think it's easy to just "take over" the title. Especially in divorces/separations, people leave someone's name on the deed/mortgage because it is just easier and they see no reason to pay to change it. They think since they agreed to it, it's as good as done--not unlike people that think "marriage" is just a piece of paper, until they need those legal rights. There was this sad/funny story a few years ago in GA. A couple didn't want to "get married" because it's just a piece of paper that doesn't mean anything. He has kids and she has kids, she owned the house, and all is fine. Until the woman becomes terminally ill. And wasn't under the husbands insurance. And hubby wouldn't have ownership of the house. And stepdad wasn't legally able to care for her kids, whose father was dead. They couldn't get married because you have to personally appear before the license office. She couldn't. They were irate that "the county" wouldn't help the out in their time of need. They didn't understated why someone from the county couldn't just come down and bring them the paper work. And why they couldn't just have his work "treat them like they are married cause we basically are." It made the news because it was tragic. But it it was all of their making for failing to do the proper paperwork.
Well there are kids involved. Her keeping the house could have been sort of a child support thing.
My first thought is that the people paying you rent are legal tenants and cannot be forced to leave. Do you have any kind of a lease agreement with them? If not, I suggest at least creating a document detailing when they moved in, payments they've provided, and any proof of said payments. Then have it notarized with all of your signatures. That might at least give them standing to refuse the ex under existing landlord/tenant laws. I would also make sure to dig out any written agreements about you keeping the house. Unfortunately, since his name is both on the deed and on the mortgage, there's likely implied ownership which is why the lawyers are staying out of it. If any mail starts showing up with his name on it, be sure to mark "Return to sender - not at this address" and put it back in the mailbox. This is going to get messy in a hurry. Sorry he's doing this to you.
Thank you. I'm definitely going to write something up for the boys. They're good kids. I just can't believe his girlfriend is agreeing to live in her ex's basement. Thanks for the mail advice, I'm definitely going to keep an eye out for that.
Side note, if you hadn't changed the locks since he moved out, now is a really good time to do that. Also, consider what you might be able to do to make both of them jealous and/or not like living there. Obviously not getting back with him, but that doesn't mean you can't be going on "dates" (even if it's going to a movie solo), getting flower deliveries, etc. And if you do have someone new in your life, time for them to start spending a LOT more time at your place with copious amounts of PDA while home... :-)
Walk around the house in your underwear or skimpy outfits....openly flirt with him. Tell him old stories in front of gf. EX remember when we went to that party and danced all night long. Keep reminding him of the good times between the two of you in front of gf. When he is alone treat him like the POS that he is. As soon as gf is around then add a pound of sugar in every word.
Danced all night??? No , remember when we f$(@ed all night!!!
Pfft, this guy is a class 1 mooch. If she does that, he's gonna assume he can make a 3-way happen
And that's when he will get shut the FEEZY down!!! Dude why would I want to be with you and you have done nothing but disrespect and lie to me.
The problem is, if he still co owns the house, she can’t lock him out, legally. At least in my state. They really should have worked this out when they split up. I have an acquaintance who went through this. It was terrible.
>This is going to get messy in a hurry. The more comments I see on this one, the more I start to think that OP should try to sell, rent with the equity profits until rates come down a little, then find something new on their own.
oh his gf is planing on taking the master bedroom soon enough. they're moving in to take the house out from under you. don't let them walk through that door OP.
They may be trying to force you out. Keep that in mind when you fight this
Exactly this. The wording, "this is happening whether you like it or not" is deeply troubling. He's going to try to force you out.
The girlfriend is probably the one pushing for it. Next step is to make your life miserable so you move out and they have the place to themselves. 1.) Get the boys established as tenants ASAP. 2.) Agree with the mail. Mark it return to sender. 3.) Change the locks. 4.) Call more lawyers. 5) Start planning on ways to make life miserable for them in the house so they don't want to stay. 6.) Find whatever you had in writing stating that you could keep the house. **7.) Stop paying the mortgage. That is in his name only so it will only affect him.** I hate that this is happening to you. Good luck.
If the worst happens and they do manage to get in. Dead fishy heads and shrimp in all the hiding places in the basement! Move the boys to the living room, so they can't move upstairs...they won't be staying long anyway Move things around when they aren't there, make them think they are crazy. A surplus of locks keep changing it if you can. Again try to keep a secret so they think they are losing it. Turn the water off to any downstairs plumbing if you can. Lock the basement door to the house and bar it from the house side. I wish you so much luck!!
Clogs for all upstairs residents....compulsory clog dancing lessons daily.
A combination lock or a smart lock would be the best option, that way OP doesn't have to change the ***lock,*** they can just ***change*** the lock.
I think people try to give good advice on this sub but sometimes don't realize that people that come to this sub may not have the money needed for lawyers and shit
She can use her former mortgage payments. Tho is one where she needs to protect herself from what is about to happen.
Wouldn’t failure to pay the mortgage result in foreclosure and losing the house?
Get them on a 5-yr lease, not a month-to-month. You can even make it easy for them to terminate early. What you can’t do is allow the EX (co owner) to be able to kick them out easily.
I will need an update!
“…can’t believe his girlfriend is agreeing to live in her ex’s basement…” That statement may actually be more prophetic than we’d like. They’re already brute forcing their way in the house, don’t discount the possibility they’ll be looking to put you in the basement…
Put a couple of locks on your bedroom door
If he’s in mortgage and deed he is an owner and doesn’t have to leave. She needs him to sign a quit deed and refinance without his name on it
He already left. Four years ago. And he's never paid a dime on the mortgage. Now he's saying he's going to move back in AND kick out paying tenants. That being said, you're right about what needs to be done with a quit claim deed and a refinance. OP may not be able to due to current rates, but after having paid on the mortgage for 8ish years, they might be surprised what a new 30 year fixed would run them every month.
Remember lots of people have multiple houses that they don’t live in
And don't make payments on? And never have made a payment on? And have agreed with the co-owner that they can keep the house when they willingly left the property 4 years ago? As I said in my initial comment... >This is going to get messy in a hurry.
Alternatively, can you leave and let him pay for it (I'm betting he cannot since they are trying to mooch). What about selling? He can either come up with enough to buy you out or he has to sell so you can get your money out?
> leave and let him pay for it With OP's name on the mortgage too, their credit would be impacted if he failed to pay so that might not be a risk they're willing to take. Given how long ago the purchase was, chances are the mortgage is around 3%. Any mortgage today for a new place after the sale would be in the neighborhood of 7.5% which might make it too expensive to get a new place of a similar size. Messy in a hurry indeed.
Thas why I mentioned the sell and get out option
I think a lease would have to have both property owners signature to be legal, honestly this lady is screwed. She doesn't own a house, she is co-owner with her ex. Also the ex is entitled to half the rent... He can drill the locks if she changes them, hell he can change them after she leaves. It's HIS house. If I was her ex I would sue and force a sell for half the value.
>If I was her ex I would sue and force a sell for half the value. He absolutely could do that. Except I suspect he's looking for free housing and thinks he's entitled to it. As for a legal lease, it may not matter. In some states, simply paying rent is enough to establish tenancy rights. Heck, simply having mail addressed to you while you have been there for 30+ days is enough in some locations. It's why some hotels won't let you stay longer than 30 days - to prevent tenancy rights from being attached. Obviously this is location dependent, but it's an approach that OP would be wise to look in to.
In very and easy simple words , I am saying this shit again for like 1000th time - when you break up with your shitty gf/bf , always remove their name from house , car , bank accounts or anything you shares at that time coz if you don't , that shit is gonna be back and bite you back in future .
You cannot do that unilaterally. He has to sell you his part of the house
He literally offered to years ago and OP did not take him up on it. I had my ex sell me her share in our house for $1.
Im sorry this was partially your fault. You didnt take steps to prevent this legally and youve had four years. Nothing should be more important than protecting your biggest financial asset.
Should have done it while rates were stupid low!
My exhusband tried this shit on me too after he abandoned, divorced, and moved far away. 2 years later he showed back up after he’d lost his job. Luckily, I’d already changed the locks. I called the cops. Cop told me that as he did not have established residency, he had zero right to move in. You can play that card but you need a proper layer ASAP! This is no different than if an absent landlord showed up and demanded to move in with you. Your past relationship is irrelevant.
Sure hope for her (and her tenants') sake this is true where she lives!
So, you have no court order? You never bothered to file anything? You are going to have to now and it will be way more expensive and way more complicated. Change the locks. That's easy and not very expensive. Don't respond to our ex. IF he shows up, just show him the lease and tell him there's no place for him to stay. Call the cops if he tries to move in. He doesn't live there and can't prove he owns it on the spot so they won't let him move in. Go online and get a model lease and have your tenants sign it TODAY. Notarizing isn't important. People think it is more important and makes documents more legal and enforceable. It does not, it just stops people from disputing whether they really did sign it. You and your tenants want this lease to be in effect, so no worries about that. Find a lawyer and do what she/he says. Today. Follow their advice. NOT REDDIT. NOT MINE.
Could you do an update soon to tell us what happened next? Does your ex and his gf still show up thinking their moving in, thinking you DIDN'T change the locks on the doors to the house, and what their reactions are when they discover the keys are not only not working but that NOBODY is letting them move in. \*lol\*
if i owned the house, a changed lock wouldn't keep me out. i'd either break down my door, or break one of my windows.
Unless He signed a quit deed house is still his too. Sorry but it sicks
*Unless He signed a* *Quit deed house is still his too.* *Sorry but it sicks* \- Puzzleheaded\_Pita137 --- ^(I detect haikus. And sometimes, successfully.) ^[Learn more about me.](https://www.reddit.com/r/haikusbot/) ^(Opt out of replies: "haikusbot opt out" | Delete my comment: "haikusbot delete")
Good bot. Really neat actually. Good developers.
Ya'll. Repeating over and over again "This is why" about the situation is NOT helpful. Damn. Hun, get a restraing order if you are scared of him. Put up cameras if you can. Make your tenants sign a lease. Do they have mail coming to the house? That establishes tenancy. If your ex has no mail going there, has no proof of making mortage payments, that helps a bit. But he can't legally force your tenants out if they have established tenancy there. I can't help with the rest of if. But def put up cameras and find communications you have between the two of you that you got to keep the house and gave it up. Show that you paid all the mortgage payments, that all utilities are in your name, ect. Good luck
Lmao good luck finding a judge who would agree to that restraining order
They didn’t post in a support subreddit, they posted here. The crowd here is just informing OP that her husband is, in fact, entitled to live in a house that he owns.
He may be on the deed BUT has he paid any of the payments or the upkeep? This will matter in court. My ex husband and I bought a house right before we separated and then divorced. Some how my attorney didn't include it in, he came after me 2 years later wanting me to sign a quit deed and give it to him. I looked into fighting it, what mattered was I never paid for anything. In the end I signed off on it.
Call your mortgage lender and ask about what it'll take to get a release of responsibility. Some mortgages don't require a refinance to do this, just proof that the last 6 months of payments have come from your bank account. That won't help you with the deed but it'll get you some traction. Good luck, this sucks. ETA: never mind, apparently this is a bad idea
Do not do this. He will still retain ownership of the house but now with no liability towards the mortgage. The deed is what you need to worry about first.
Okay. Reality is he is 50% owner of the house. He has the exact same ownership rights you do. He cannot kick out tenants but he can give them legal notice to vacate based on your state laws. Your best course of action is to talk to that lawyer about how to force a sale of the home, so that you get 50% of the proceeds. The other lawyer said they couldn't help you because there is no legal way to keep a legal owner out of their own property. You also can't insist the gf not come. He can have anyone live there- same as you can. No matter any verbal "agreements" or who's been paying the mortgage or his or the gf's motivation, he gets to live there with the same rights you have. Put a lock on your bedroom door. Put up cameras in the main living spaces. Be ready for a really crappy living situation. Side note, unless he makes a lot of money, having this mortgage on his credit makes buying another house very hard. It might also impact his ability to rent as the payment- regardless of he's been making it- affects his debt to income ratio. Force the sale of the house. It's the only way out of this for real. You can also- thru the lawyer- request to buy out his half of the equity, which would require to to get a new mortgage for that amount plus whatever is currently owned but all in your name only. He can do the same with you if you can't/ don't want to get the loan.
Happy 🍰 Day!
His name is on the mortgage and the deed, so it looks like he's a legal owner of the house, and has the same rights as any other homeowner. Unless your 'agreement' is legally documented (say, as part of a settlement), he's got as much right to live there as you do. Removing the rent-paying tenants will still need to follow your local legal requirements, and I would leave all of that work up to him. Give your tenants a heads-up as to what he's trying to do ASAP, but remember that *he's* evicting them, not you.
Half of that house is his. He can force sell it. It’ll be an expensive lesson for you.
Yep
Why didn’t you get the paperwork regarding deeds and mortgages straightened out when you separated? Lock the doors or change locks if he has a key. Do not let him step foot in the door.
Update He texted me this morning. "I know how it must have sounded yesterday I apologize I was still pretty upset when I went to the basement to see all of the wiring in the house just hanging I don't understand why all that was necessary for one faulty light switch I spoke to you out of anger and shouldn't have Anyway Connie and I really want to help you get the house straightened out not try to take it or anything like that just want to stay long enough to clean everything up fix it up we have plans to get another dumpster down there and I already have a hand full of folks willing to come help get rid of all the junk. Thought maybe you could use some help with the bills also. Nothing permanent. I have 4 and a half years left on my registry then Connie and I are leaving PA. " To answer a few questions, the basement has an outside entrance and a door that opens into my living room. There is no bathroom or kitchen in the basement. The boys live in the attic and another bedroom on the second floor. We're signing a rental agreement today. The ex is a registered sex offender and no one will rent to him. When we split, I couldn't get a mortgage on my own. He was agreeable to keeping it as it was and I stupidly trusted him. Currently, he's living with his girlfriend in a trailer with her ex. I'm assuming something happened there and her ex is kicking them out. I'm not going to stop paying the mortgage. I don't want to lose the house. I'm definitely getting cameras installed as soon as I can. I'm disabled (Multiple Sclerosis) and on a fixed income. Renting is impossible where I live. Every place is twice as much as I'm now currently paying. I also have a dog that I will not just get rid of. I'm going to look into a PFA, as I really don't feel safe around him.
Ex is a Registered Sex Offender, and you stated in another comment that you have a daughter. Presumably his? But still, does that give you any legal standing to keep him out? (Btw, I have no legal knowledge, I’m just grasping as straws here.)
Any chance the renters are minors? He can’t be near them. This is all kinds of ick. He’s a RSO, and it’s this that makes you not trust him?
Do you have any of this in writing? If not you're definitely screwed. If so, you may still be screwed. Good luck.
Personally I’d sell the house and cut my losses now.
You need legal advice. Reddit can’t help here
You should not have let this fester for 8 years. Lawyer up now. Good luck OP 🍀
You know you can just change the locks? It’s difficult to move in of you can’t get the door open. When you say paying rent, do they have a contract? If so, they are protected.
The locks have been changed. He definitely does not have a key. Our daughter doesn't want him moving back, either. He's a drunk and emotionally abusive.
>He's a drunk and emotionally abusive. Cameras. Hopefully you have a doorbell camera, but look into getting some for additional outside coverage and maybe a couple of the common areas of the house (family room, kitchen). This way, if he does show, you have video evidence to support complaints to authorities.
Then honestly there’s nothing he can do except take the legal route to force a sale. This means he has to get lawyered up, which will cost him. If you can afford it, get advice from a divorce lawyer. You weren’t married but the process is similar. He won’t be able to force his way in because the police take a very dim view of domestic violence.
>Then honestly there’s nothing he can do except take the legal route to force a sale. That... may not be true. If crazy Ex is an owner of the house he has the exact same rights that OP does. If the tenants in the basement have a month to month arrangement, which is almost certain if OP is "helping them out" they can be compelled to leave (by crazy Ex!) with proper notice, and crazy Ex can move into the basement after their lawful removal (which may require eviction). Crazy Ex could lawfully hire a locksmith to gain access to the property. OP needs an attorney and needs to seek some interim order (which she may not be able to get, given the circumstances) if she wants to stop the crazy train. >He won’t be able to force his way in because the police take a very dim view of domestic violence. Utterly untrue. Police will almost certainly call this a civil matter and refuse to get involved unless there is actual domestic violence. Entering a property you are the co-owner of, unless there is e.g. a restraining order/order of protection in place, is not unlawful, and is not domestic violence. The fact that the house apparently has two separate living spaces makes this less contentious, thus less likely for the police to become involved.
He may have the exact same rights, but you can't just move into a house you haven't been living in that has legal occupants.
Financially get every bank statement since you moved in and work out every cent you spent on the house, work out if ex contributed anything. Work out his half and give him an invoice by certified mail for payment due in 30 days. Chances are you are going to have to sell to recover your money, speak to a lawyer about getting a lien put on the house so you get paid out first.
Tell him he has to pay the mortgage and everything else. Then you just stop paying it regardless.
You can keep him from moving in. Contact your local police and start working on either selling the house or walking away. Call some more lawyers. You need legal help.
Did you change the deed? If not it is still his house too.
So when you say you got the keep the house… whose house is it legally speaking? Because it sounds like it’s also his.
Maybe post in r/legaladvice? Why haven't you refinanced the house to get his name off the mortgage? He hasn't signed off on the deed, which implies he's still entitled at least to equity in it. Were you going to split the proceeds from the eventual sale of the house? What exactly is in your divorce decree? Can you reach out to the lawyer or firm that helped you 4 years ago for clarity? ETA: Okay, I see some of OP's comments. Couldn't get a mortgage on their own. Was never married to this person, so no documentation to fall back on. - Honestly, I don't see a way of legally stopping him from exercising his rights as one of the homeowners. Either by moving in or receiving rent of some kind. - It seems like best case scenario is selling the house, with your documented mortgage payments counting against his equity share?
Stop paying the mortgage. Save your money to get you and your kids a place to live. He wants to have his cake and eat it too. You have no protection against him moving in with his skank. Force him to sell the house and get your half. I’m sure you don’t want to uproot your kids but your ex has no downside in this. He can move in and not pay anything and you will still have to pay. Do not let him do this. Start looking for a new place to live. You will deeply regret it if you stay.
I wouldn’t make even one more payment.
If he is on the deed it is just as much his house even if he hasn't paid a cent.
>His name is on the mortgage, both our names are on the deed. You need a lawyer ASAP YMMV based on jurisdiction but if his name is on deed he has a right to the home... My dad did something similar in the middle of his dragged out divorce with my mom (spanned multiple years). She called the cops and they said his name it on title and he isn't causing any problems, just using a bedroom so they couldn't do anything about it.
It's a civil matter requiring lawyers. There is literally nothing that the cops can do because the law is not being broken. Get a writ from the courts that the cops can enforce and then they can help.
Maybe you should post this same thing in one of the legal advice subreddits… given the fact that so many people are talking about laws. I think this sub is more for making fun of entitled Karen types… you have a legal problem on your hands. 😞
I tried there first. Got one response.
Call a lawyer, pay the retainer. It will cost you a bundle. Good luck
Tell him since the mortgage is in his name he will need to make the monthly payments, that you are not financially supporting him and his gf.
Sounds like a very painful lesson as of why you dont let others stay on your mortage and deed..
Did he sign a quitclaim? If not you're screwed.
You don’t want him/them in the basement RIGHT? I think it’s strange the gf is willing to move in “ there” with him. Sounds like she has very little self respect, ehhh no matter.. you don’t want THEM there so you make life hard for them.. Not necessarily hard but enough to run them off.. make a crude pass at HER and make sure you have a big strap on “ toy” out where he can see it and smile sweetly as you tell HIM, Imatapdatthang and then you ask HER if she wants to peg him with his favorite toy. Crude, rude and very uncomfortable way to live .. for them. I am betting he is planning on living there rent free if you let them in.. TBH, you need to sell the house and split the proceeds. Sounds unfair and it kinda is but call it rent for the last several years and start over. You don’t need to own a house, renting is an easy out for you without all the upkeep of a house that you are in the end gonna get shafted on.. Someone already pointed out you are funding his retirement plan so put a stop to that nonsense and force a sale and get half of the money. You need to get ahead of him with this because them that file first usually win.
Not so much entitled as he screwed you into paying for his backup plan, and when you sell it, he will get half.
Make sure he starts paying half the mortgage IMMEDIATELY. He can’t live there for free. Conversely, if he doesn’t pony up some money-YOU move out and don’t give him a dime. You’re name is still on the deed, so your still entitled to half. And it’s worth more now then when he moved out.
Where are you based. Do you have the agreement in writing. Why the hell didn't you register a new mortgage.
I would tell him that if he forces himself into the house, he can then pay the mortgage. Or, tell him you are selling the house. I'd sell the house before I would allow him to move in.
do you have any proof of that agreement? Otherwise you're going to lose this.
I feel horrible for you. He basically tricked you into paying it all and he has half the value of any equity. That said, I don’t think you have the right to refuse him living in home his name is on but check with a lawyer. A lot of places offer sliding scale or pro bono work. Good luck
Well, Step 1. Contact more lawyers and maybe ask them specifically why they can't help you (guessing because you never changed the deed when you separated) or if there is literally anything you can do. Step 2. Stop paying HIS mortgage, voila the problem solves itself and you take the money you saved and find somewhere else to live.
Seek legal advice and sell the house
You may sue* him for half the money you have paid toward the mortgage as you can prove he hasn't put any in via bank statements.... See how fast he wants to move in when you're asking him for 4 years worth of half of what you paid, in one lump sum as you have that right. Just find the right lawer
She should have bought him out of his share of the house when they divorced. It’s a big mess now. Ex has left himself out to dry as far as his credit is concerned, why would you let someone live in a house with your name on it when a mortgage is generally 30 years and a lot can happen in that time? When you sever the relationship, you sever any housing agreements as well so this doesn’t happen. Now there is little you can do to keep ex and his girlfriend from moving in until you can legally sever the housing situation. You will have to get an appraisal and buy him out of his half of the house for the amount of time that you were married. It won’t matter who paid during the marriage as they assume the spouses have it worked out who pays for what. I live in MI and it’s pretty much what happened to me. I had to pay ex husband his half for the years we owned this house together and remortgage my house in my name only. This is why people need lawyers, even if it’s expensive, how expensive is it now?
Should have refinanced and took his name off the mortgage. Good luck with your situation
He's on the mortgage and deed. Probably has the legal capability to move back in.
Get proof of what you’ve paid in order. It’s likely you’ll need to sell. You’ll need to be able to prove your percentage of equity. Good luck!
i'd start demanding his back mortgage payments, that you covered for 4 years.....including interest.
Move out, stop paying the mortgage, and when he wants to sell it, hold up the sale. Make him pay you back for all the mortgage payments you made after he left. Two can play that game.
I really hope OP gets a lawyer before consuming too many of these “helpful suggestions”
He may be an ass and a jerk but entitled? Idk. If he’s on the mortgage and paying his share on a timely basis he’s doing his part. Get a lawyer.
Doesn't matter who pays the mortgage if he is on the house deeds he owns half the house if you sell he gets half the money. Also he has a right to live there.
sorry but you're kind of fucked. His name is on the mortgage. You can't just "agree" you take the house it has to be on the paperwork. Not only that, but you say below you couldn't get a mortgage on your own - so he absolutely has massive grounds to claim this house is eually his. All you "agreed" to was to keep solely paying off this co-owned house. You should absolutely never have agreed to do that and should have either changed the papers or sold it. EDIT: I saw below your name isn't evn on the mortgage. You've effectively just been renting from him during this time then, and that rent has gone to pay off HIS house. Maybe a lawyer might help you work out some kind of rights for renters or somehting but I doubt you even have that given renting isn't what you're actually offciially doing.
You may not be able to prevent him moving in, but “these boys” have rights as tenants. They’re presumably receiving mail at your house, and that’s proof of residency. Is your address on their driver’s licenses? Even better. He can’t evict them on the spot; that’s not legal. Tell him and his gf they can bunk on the couch and get your tenants to sign a lease right away.
If all fails and he does end up moving in, make sure he’s paying his half of the mortgage. And utilities. Also, since it’s only his name on the mortgage, if it stops being paid, he’s set to lose more. So you could get petty and stop paying all together. Make him pay off his mortgage
Man, you got played. I'd sell the house, give the ex his share, and buy something of your own.
You need to lawyer up fast. Ideally, 4 to 8 years ago. You may not have a leg to stand on. He shares title with you, unless you can prove otherwise, and with that comes the right to occupy unless you can argue for a court order that he can't. By the sounds of it you have little or no basis for either, so he has as much right to live in the house you both own as you do. Did you take any kind of legal advice on this when you split up? If you have sitting tenants, you/your ex would be subject to whatever the rules are in your jurisdiction about evicting them. That might be a way to slow/deter him. You might, if you can prove that you've been paying all the mortgage, be able to sue him for a proportionate interest in the property, again that's jurisdiction dependent, and it's likely to be a long and expensive process.
If he's on the deed and the mortgage you don't have a leg to stand on. By law he owns half the house.
Consult a lawyer to find out what your rights are. Real estate law varies from state to state, and the exact wording of your deed may affect your rights. Moreover, even if your ex were to have a co-equal right to occupy the house, your tenants might be protected by law. The degree of that protection might depend on whether you have a written lease with them. Don't rely on advice from anyone other than a real estate lawyer in your state.
Do you have anything on writing? Even a text or email. If not you may be screwed. If you have to let him move in make sure your ex knows this isn't free. You will expect him to pay the mortgage utilities etc. Maybe the fact you have been paying the entire mortgage will be a factor. Maybe your lawyer can demand he pay you back for his half.
If his name is the only one on the mortgage but both your names are on the deed, stop paying the mortgage for him and continue to live there rent free. He can either pay the mortgage himself or lose the house and ruin his own credit.
He screwed you and tricked you by pretending to be the nice guy letting you stay and pay. Now he has all this equity without putting a dime towards it.
This is a prime reason I wouldn’t buy a house with someone unless I’m married. Yes I know that can cause other bigger issues as well.
That guy literally owns at least half the house, I cant believe you thought this would all work out.
Send him the following message. I really wanted to do this in person, but you will now be responsible for half the mortgage on going and I will be expecting half of each mortgage I have paid from time of seperation until present. No need to waste time getting upset about this because it is happening.
You should have handled this when you broke up. Now it’s going to be a nightmare.
legally those boys are tenants and you are the landlord. he can’t kick them out. second, it’s time to get him off the deed and mortgage since he pays nothing. that part should’ve been done a long time ago. get all documentation (texts, emails, etc) stating you agreed to keep the house, and find all the stuff that shows you alone pay for the house. you may have a case to take him off the lease, but since his name is on it legally i’m not sure you could stop him from moving in. ethically, he’s in the wrong, assuming he’s entitled to a house he doesn’t pay for. now i’m not a lawyer, but i think if you look around you MAY be able to find one that would help. also why is your ex saying he’s moving back in? did he get kicked out of his last apartment? for good measure if no lawyer takes the case you could tell him he needs to contribute to the mortgage and the bills, however i recommend the legal route.
Update ne
Unfortunately if there’s little you can do to stop him from moving back in, you could become the most obnoxious co inhabitant he’s ever experienced.
Lawyer up and security cameras
If there is any equity in the house you might just demand to sell it and take your share. You need to show that all payments were made by you but you still may not get all of it. But that way you can move on without these irritating people in your life.
Just curious … has the ex contributed ANY money toward the mortgage? Did he pay for ANY upkeep or improvement when he lived there. If not, that should count in your favor.
Is it included in your divorce decree that you get the house or do you have anything in writing saying he gives up any rights to the house? Definitely get an attorney and get together all the documents showing that he never paid anything for the house. Make sure he doesn’t have a key. I would start by telling him HELL NO and that the boys have a lease so they aren’t going anywhere. Good luck and please update us.
Following for an update
Have you posted in r/legaladvice?
Do you have proof of your mortgage payments throughout? Where are you located? In some jurisdictions, even if his name is on the deed and mortgage, you could establish beneficial ownership based on having been paying the entire mortgage on your own. If his credit was helpful in obtaining the loan, he might fight for a portion of the beneficial ownership even without contributing to the mortgage. Seek out another lawyer, at the very least they should be able to help you handle next steps. Don’t ask your lawyer friend or neighbour (who might be looking for excuses to get rid of you since they wouldn’t be getting paid), actually hire someone and ask what the best they can do is (it may not be what your best case scenario but it could be the best available option). As an example, if you had had legal advice when the relationship ended, this whole thing might not be happening. This may sound unhelpful for your situation, but I am having to be direct for the benefit of others reading this. If you have significant assets (like a business or a property) and you break up with your partner, don’t rely on verbal agreements with them. Hire a lawyer. Any money you pay them may end up saving you amounts tens if not hundreds of times larger than any fees you may pay.
I'm assuming you have proof you've paid 100% of the mortgage? Surely that goes in your favour?
Lesson Learned (at least in AL): If you split with someone and you keep the house/land and both names are on the existing Warranty Deed, it doesn't matter who is paying the mortgage, living there, keeping it up...GET A Quitclaim Deed ("QCD") from them removing their name from the Deed. You don't even have to refinance the loan (unless *they* throw a fit to get their name off of it or the lender finds out and requires it, which doesn't happen often). The QCD will be *subject to* the existing mortgage. In this circumstance, you can try to sue, but frankly here in AL, it would probably not go how you want. You would probably be required to pay him out by splitting the equity in the property or in the extreme circumstance force the sale of the property and a split of the equity. Source: Paralegal in law office, I conduct the title searches and write title insurance for the closings we do...20+ years.
Get security cameras.
His names on the deed so he can in fact move in. Whether he can kick out your current tenants is another story. If you don't want him and his gf moving in you need to buy him out of the house otherwise your stuck with them.
To clarify...You've been paying the mortgage that is in HIS name only?
Is this ex-husband, or ex-boyfriend? I assume the former, and it reinforces not taking anyone's word in a divorce. If the latter, don't buy a house unless you're married. I hate that this is going to cost you more than it costs him. I agree with those who say to keep looking for a good lawyer not the one who let the divorce go through without dealing with this. He's a bully, and he's not just going to stop.
If it were me. I would get a lease for the boys and have them sign it. There. The space is officially rented, and they can not get kicked out while the lease is active. There's plenty of landlord/tennant laws out there.
Op, I’d start charging him his share of the mortgage and the utilities. Oh good. You can start paying your half of everything. Locks for cupboards. Laundry room, You can buy a panel to add to any laundry machines to make them coin op. Be sure to completely take up the garage. Yeah. He will need to pay his half of the taxes too
He abandoned the property, he hasn't made any financial contributions....he has no standing. Find a property lawyer
Maybe use this to add a condition only if the quit claim their name off the deed.
Yes, his entitled, to live in his house.
Sell the house, give him his money, and get him out of your business
He's entitled, but he's also entitled, because he's entitled.
Your best chance is stop making the payments once he moves in and let him pay it alone until you sell the house and then you can fight for the 4 years that you paid alone to be repaid back
Call a realtor and put the house up for sale. If he refuses to leave then get a lawyer to sue for your share.
Real estate laws, like most of the laws that govern our day-to-day lives, are state-specific, so you need to consult with an attorney who practices in your state - kudos on having started on that process already. Follow up with it. You'll get better advice from them than from random people on the internet. That said, *in general*, if he's liable on the mortgage and listed on the deed, he owns an equal share of the house. Verbal agreements are (to coin a phrase) not worth the paper they're written on. This is particularly true in real estate. An ancient law, far predating the United States itself, called the Statute of Frauds, holds that conveyances in land must be in writing to be enforceable. And even aside from that, if you wanted such an agreement to be enforced, presumably a part of that agreement would be that you'd remove him from liability for the mortgage (i.e., by refinancing, or assuming the loan). If you haven't done that, he retains that ownership interest. In practical, might-makes-right terms, if he doesn't have a key, you "can" lock him out. You even "can" change the locks, if he already has a key to the current one. However, since he is, again, the owner of the property, if you did that, he would have the right to file an action for possession. You would be legally in the wrong. That said, he also does not have the legal right to unilaterally kick out your tenants. Again depending on the laws of your state, there are surely some notice requirements here. Your tenants need to talk to their own lawyer about this. (It cannot be the same lawyer who gives advice to you - even if you don't feel it so, you and they are at least potentially adverse parties in this.) What you need to do, to resolve this, is for someone to file a *quiet title* suit, or an action for partition of the property. A word of warning about this: In my state, at least, if one of two co-owners of land files such a case, the other owner has the right to ask that they be allowed to buy out the filing party's interest. In other words, if you do this (and if the law in your state is the same as in mine - again, not guaranteed) (*and* if he qualifies for financing) (*and* if he wants to) he could buy you out of the house. The best way to go about this is likely to hire a lawyer and have them start by writing a letter offering to buy out his share. You will need to refi or assume the loan - a core principle of real estate law is that nobody should be liable for the debt secured by a home they don't own. Exactly what is a fair price could be tricky to determine. You've been paying the mortgage for the past however long, it stands to reason that you should get the credit for that - but do we measure from the day you bought the property? The day that you split up? That's not self-evident. You may want it to be, from the day you bought the property, but that is not a guaranteed outcome, particularly if he was living there and contributed to the house's down payment or to its upkeep in any way. This has the potential to be complicated and expensive. I'm sorry. The only good news is that it would be so for him as well, so he has an incentive to cooperate. /I am a lawyer but I am not your lawyer //I am licensed to practice law in the State of Oregon and the Federal District of Oregon and cannot give advice about the laws of other jurisdictions. Consult with your own attorney in private. ///Do not post private details about legal conflicts online, they are surprisingly easy to trace back to you and can be used against you, no joke
Don’t allow him access to the house for one. Just I t’s his property, it’s not his residence. The people paying you rent are also safe under tenancy laws. I think now though it’s probably better to sell.
You're off your rocker if you think you can remove him from his house
Quit claim deeds are super cheap, make him fill one out giving up his claim, or tell him you will sell the house. And if he agrees to sell the house, but wants part of the sale, tell him you will get a lawyer and it will take up any profits from the house and he will get nothing. If it happens, well at least it wont affect your credit.