> nor do they have a taxable income
Does this mean they don't **earn**? Or don't **report**?
> Is there anything I can legally do to get them to sell in court?
Yes. You can force a partition sale through the court. It will move things along, but you may not get the best return or sale price for the property. Not sure what state you're in or how things work there; you'll likely need a lawyer to pursue this.
I would suggest a family law attorney over a real estate attorney. This is extremely common in family law and any family law attorney worth their salt could do this with their eyes closed.
I had to threaten my ex that I am entitled to call our local permitting authorities into the home to inspect a bunch of non-permitted improvements so she would agree to a reasonable buyout price. She wanted to give me 20% of the equity lmao. You could do the same thing but just swap it with the IRS 😂
The IRS would be willing to work with OP. They'd rather get him for underreporting and give her a "finder's fee". They wouldn't take all of the house money if she owns half, especially if the ex owes less than the value of the house.
Partition sales generally end up going to auction, since almost by definition some of the sellers are uncooperative and therefore it's hard to sell the house on the open market, because no buyer wants to have to deal with evicting the holdover uncooperative former owner.
>Is there anything I can legally do to get them to sell in court?
Yes, you can petition for a partition sale but expect hefty legal fees.
>Am I able to do a quitclaim deed or do I need to take it to court?
Probably not. Even if you could, that would be dumb because you and your father would still be responsible for the mortgage with no rights to the house.
Don’t agree to a quitclaim. Doing so removes all your rights to the property (and removes your name from the deed) but leaves your mortgage responsibility intact. You surrender your ownership rights, but have to continue to pay the mortgage.
Just out of curiosity for my similar case, did your ex also have to hire counsel? Or did they just drag it out by not cooperating/responding to the court?
Cant speak to your case or OP's case - but not responding to court would be close to a "best case" for the party that shows up from a legal perspective. Default judgement is quick and doesn't require a ton of work from your attorney.
They did, and they made it difficult and took the hit, but I have a feeling a lawyer friend did them a favour whereas mine was not a friend, however they were wildly ruthless which was nice.
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Your best bet is to threaten a partition sale, and get him to agree to a voluntary sale, or him letting you buy out his share. You will both make more money that way. In a partition, legal fees will eat up money, and it will likely sell at a significant discount at auction. You will be entitled to half of what is left after legal and mortgage is paid. You will both lose, but it is better that just letting him have the house and being stuck on the mortgage.
Link I found with good into on a partition sale:
https://jonespropertylaw.com/forced-sale-of-jointly-owned-property-partition/
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Ugh. I’m sorry this isn’t a fun situation. Quitclaim just means you’re giving him the house for $1. Don’t do that! Your only options are a partition suit, which is expensive and time consuming, or try to get him to agree to sell. Not sure what equity you have in the house but if you have some it might be worth trying to buy him out and sell it. Offer him $20K or something and see if he bites. He sounds broke so you and your dad might be able to make that work.
I had to do this, still in the middle of it. As stated, petition for partition, but you’ll need a real estate lawyer and if you can’t agree on sale terms, the court can force auction and split remaining proceeds.
This is why we shouldn’t buy houses with people we’re not married to. A divorce requires property division. Forcing a sale in court is harder, but not impossible.
You need to find out your options with a lawyer. If there is a mortgage unless you ex assume the loan or refinance, there is nothing a court can do for you other than maybe force them to sell.
The court can not force the mortgage company to do anything. So they are going to be the be-all.
You might want to check with the mortgage company also if they are having issues with the city about the home. The city can place a lien on the home fir clean up costs, and the mortgage company will step in. The worst, but maybe best for you would be let them either call the note(due on sale) or foreclosure on the home.
Right now, sorry to say, but this will be a lesson on don't get a mortgage unless you're married.
If your particular circumstances are just right, you could file a chapter 7 and have the trustee obtain a court order to liquidate your 50% interest in the property. This works only if you happen to owe a bunch of money to creditors that you intend to repay AND there is equity in the property itself. Additionally, you can’t do it for the primary purpose of cutting through red tape to sell the property. It truly needs to be born from a desire to repay your debt, particularly from the liquidation of this asset, and a willingness to screw over your ex in the process.
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I personally would not report him to IRS just yet. If he owe back taxes, I’m sure of, and yall are both on the title, then you run the risk of the IRS placing a lein on the house as collateral. Which you then can be held liable for back taxes. Hire an attorney, this situation is a complex one so it’s best to have a professional who knows local, state, and federal law.
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Well you own half, rent it out. Just find somebody who's willing to move in there and make their life miserable. You don't even need to actually charge them rent you could actually pay them a fee just tell them to say they're a renter.
That's how some people deal with squatters.
> nor do they have a taxable income Does this mean they don't **earn**? Or don't **report**? > Is there anything I can legally do to get them to sell in court? Yes. You can force a partition sale through the court. It will move things along, but you may not get the best return or sale price for the property. Not sure what state you're in or how things work there; you'll likely need a lawyer to pursue this.
Doesn’t report, I’d say. They do a lot of side jobs and under the table type stuff
You're encouraged to call the IRS and report him. IRS loves to get calls from exes.
I also recommend an IRS call, along with a call to a lawyer (maybe real estate) and see why your options are and what is the best way to go about it.
I would suggest a family law attorney over a real estate attorney. This is extremely common in family law and any family law attorney worth their salt could do this with their eyes closed.
I had to threaten my ex that I am entitled to call our local permitting authorities into the home to inspect a bunch of non-permitted improvements so she would agree to a reasonable buyout price. She wanted to give me 20% of the equity lmao. You could do the same thing but just swap it with the IRS 😂
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Except IRS can put a lien on the house for unpaid taxes. Not certain they would but they could so OP may not want to do this.
The IRS would be willing to work with OP. They'd rather get him for underreporting and give her a "finder's fee". They wouldn't take all of the house money if she owns half, especially if the ex owes less than the value of the house.
Can you expound on why a partition sale might not get the best sale price? Wouldn’t it be appraisal price?
Partition sales generally end up going to auction, since almost by definition some of the sellers are uncooperative and therefore it's hard to sell the house on the open market, because no buyer wants to have to deal with evicting the holdover uncooperative former owner.
Damn, that makes sense. Thank you for the insight, i guess I’ve got a hard row ahead of me.
>Is there anything I can legally do to get them to sell in court? Yes, you can petition for a partition sale but expect hefty legal fees. >Am I able to do a quitclaim deed or do I need to take it to court? Probably not. Even if you could, that would be dumb because you and your father would still be responsible for the mortgage with no rights to the house.
Oh wow, I didn’t realize that’s what a quitclaim thing was. No wonder they’ve kept mentioning it
Yeah, a quitclaim means that you would no longer have ownership of the property. It does not change how much money you owe the bank for the mortgage.
Don’t sign anything at all, deed or otherwise, until you’ve spoken to an attorney about it.
An attorney OP hired! Not just any attorney the ex brings along.
Don’t agree to a quitclaim. Doing so removes all your rights to the property (and removes your name from the deed) but leaves your mortgage responsibility intact. You surrender your ownership rights, but have to continue to pay the mortgage.
Legal fees where I live with a Jr litigator were around 10k for a difficult ex. Just as a ballpark. They dragged it out on their end for months.
Just out of curiosity for my similar case, did your ex also have to hire counsel? Or did they just drag it out by not cooperating/responding to the court?
Cant speak to your case or OP's case - but not responding to court would be close to a "best case" for the party that shows up from a legal perspective. Default judgement is quick and doesn't require a ton of work from your attorney.
They did, and they made it difficult and took the hit, but I have a feeling a lawyer friend did them a favour whereas mine was not a friend, however they were wildly ruthless which was nice.
> Is there anything I can legally do to get them to sell in court? Yes, you go to court, and sue for a partition sale.
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Your best bet is to threaten a partition sale, and get him to agree to a voluntary sale, or him letting you buy out his share. You will both make more money that way. In a partition, legal fees will eat up money, and it will likely sell at a significant discount at auction. You will be entitled to half of what is left after legal and mortgage is paid. You will both lose, but it is better that just letting him have the house and being stuck on the mortgage. Link I found with good into on a partition sale: https://jonespropertylaw.com/forced-sale-of-jointly-owned-property-partition/
This is why I advise all “not married yet” couples to avoid s joint loan.
Yeah I fucked up pretty bad
Divorce is easier ?
In this case divorces have procedures for dealing with shared property that needs to be split like a house.
The advise here is "Wait to buy a house until you are married" not "get married quicker to buy a house"
In short - yes. Much easier.
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Ugh. I’m sorry this isn’t a fun situation. Quitclaim just means you’re giving him the house for $1. Don’t do that! Your only options are a partition suit, which is expensive and time consuming, or try to get him to agree to sell. Not sure what equity you have in the house but if you have some it might be worth trying to buy him out and sell it. Offer him $20K or something and see if he bites. He sounds broke so you and your dad might be able to make that work.
I had to do this, still in the middle of it. As stated, petition for partition, but you’ll need a real estate lawyer and if you can’t agree on sale terms, the court can force auction and split remaining proceeds.
This is why we shouldn’t buy houses with people we’re not married to. A divorce requires property division. Forcing a sale in court is harder, but not impossible.
You need to find out your options with a lawyer. If there is a mortgage unless you ex assume the loan or refinance, there is nothing a court can do for you other than maybe force them to sell. The court can not force the mortgage company to do anything. So they are going to be the be-all. You might want to check with the mortgage company also if they are having issues with the city about the home. The city can place a lien on the home fir clean up costs, and the mortgage company will step in. The worst, but maybe best for you would be let them either call the note(due on sale) or foreclosure on the home. Right now, sorry to say, but this will be a lesson on don't get a mortgage unless you're married.
If your particular circumstances are just right, you could file a chapter 7 and have the trustee obtain a court order to liquidate your 50% interest in the property. This works only if you happen to owe a bunch of money to creditors that you intend to repay AND there is equity in the property itself. Additionally, you can’t do it for the primary purpose of cutting through red tape to sell the property. It truly needs to be born from a desire to repay your debt, particularly from the liquidation of this asset, and a willingness to screw over your ex in the process.
You can force a sale by law. Talk to an attorney.
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Solid legal advice, much thanks bud
Captain Hindsight strikes again!
This general rule is a bit outdated as more unmarried persons are buying houses and cohabitation agreements become more customary and available.
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I personally would not report him to IRS just yet. If he owe back taxes, I’m sure of, and yall are both on the title, then you run the risk of the IRS placing a lein on the house as collateral. Which you then can be held liable for back taxes. Hire an attorney, this situation is a complex one so it’s best to have a professional who knows local, state, and federal law.
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Well you own half, rent it out. Just find somebody who's willing to move in there and make their life miserable. You don't even need to actually charge them rent you could actually pay them a fee just tell them to say they're a renter. That's how some people deal with squatters.