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Hi
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K T | Me and my ex own a house for two years I have only been on the deed for seven months can I sue her for house? |
We have been together two years and all off a sudden she put a resstraining order on me to get me out of the house. I have been making all the payments for the past two years. But have only been on the deed for seven months. Can I sue her for my house or does she get it. She has put me out of money since i run my company out of the house and she wont give me anything back. Can I sue her for the house since we are upside down on the mortgage.
Additional Details
Im not on the mortgage just the deed. But have been paying it for two years and all the bills |
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CassandraM
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Without taking sides or judging "who did what to whom", I have to say you can only obtain the answer to this question from legal counsel. Every situation is unique, and there can always be mitigating circumstances. HOWEVER, it does seem reasonable that you should be able to obtain a warrant of some sort to retrieve your personal items and certainly the items (computers, inventory and such) that you use to conduct your business.
From a layman's perspective, I will say if you wait for a lawsuit to resolve this, that could go on for literally years and be contested without end. You need to be able to survive NOW, and if you have an established business, then it doesn't sound like she has any grounds to keep those things from you. Think of suing for the house as a long-term "solution".....focus more on getting yourself back up and running today!
Best wishes to you and her - there's always two sides to every story. Try to forgive her - that's not for her sake, by the way - forgiveness is for YOU to be truly free from all this madness! If you don't hurt her and treat her with kindness and respect now, then things might go easier for you during the process.
Signed,
Been there, done that..... |
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chatsplas
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She didn't PUT a restraining order on you. . . . .she had to go into court and make a case and you had opportunity to dispute it, and make a case about your business in home. . . .and apparently judge decided in her favor or there'd be no Order. You have right to get your stuff out of house, so go with cops, or go back to court.
Get divorced and get the property settlement worked out. That's how you get your share from marriage assets. |
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buddywilshire2003
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Are you on the loan? At best you own it 50/50, so know you can not sue her for it. You will need to sell it, or one of you will need to refinance it in one persons name. Doesn't matter who paid, if you are on it 50/50 that is how it works.
EDIT: a couple of the answers are incorrect, it doesn't matter how long she has owned it compared to you, it just matters you owned it. I'm going out on a limb and saying you don't own it at all, and you are just on the deed. Being on the deed does not for sure give you ownership, the loan holder is what determines that. If it is in her name, you don't get anything, if it is both names, you need to sell, not sure however if you can force that to happen.
Basically you're screwed unless she wants to sell it. |
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daeve930
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Being upside down on the mortgage doesn't have anything to do with your problem. Nor does how long you've owned the home. Even if you're name wasn't on the warranty deed, the fact that you're married to the owner gives you some rights in the house, unless her title specified it was her sole and separate property. Every state in the US has courtesy and dower laws...I think they just call it marital rights now.
What you need is a lawyer. He will probably be able to get your stuff for you, and frequently a well worded letter from a lawyer will resolve a situation.
The fact that you've been paying the mortgage probably won't help you to get the house. That was nice of you, but it wasn't your obligation, and nobody is going to care. |
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acermill
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You are entitled to 50% of the ownership of the house. However, since you are upside down on the mortgage, there is no equity involved for you to own. Regardless of who is on the deed, when sale time arrives, the lender comes FIRST. Once the lender is paid off, there's nothing left for you.
Assuming she continues to make the payments, you still own half less the mortgage encumbrance. My guess is that it will take several years before there is anything there of value for you. |
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celia7685
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you can check with an attorney about getting monetary gain since she wont give you back your things, also i don't know on what grounds she put you a restraining order on: was it domestic or what? third of all if it was falsely accuse and you can prove it, you can get the charges out and take her to civil court and get money for emotional distress and causing your business go down, I am not an attorney but every state has their laws. check with legal aid or call those shows that you can settle it at the show, you can bring witnesses and if there is anything that you bring documentations that prove that you paid the mortgage and you were the financial provider and you paid her mortgage, and if you have prove of that also. check it out with legal aid |
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estielmo
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You simply get a court order to get all your stuff out. If you were not married you can't get the house. And since it's upside down forcing a sale would put you in the hole. Just get your stuff and walk. Lesson learned, yes? |
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Brown Sugar
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you can sue. they'll probably make you guys sell the house and split the profits. if you have proof that you were making the payments, then you may be able to recoup them. get the sheriff to get your belongings out of the house for you. |
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VCW
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Wow!! get a lawyer!!!! fight that b***** !!!! GOOD LUCK!!! |
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prettymystery
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You are entitled to part of the house and your belongings! You need to get a lawyer for this. |
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kixfan
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Yes you can. Win or lose I dont know but you can sue her! |
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jake
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just kill her and let CSI do the rest |
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JM
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if she's been the owner for 2 years and you've been partial owner for 7 months only, odds are she'll retain the house. you can try but the odds really aren't in your favor because she will be viewed as the original owner. |
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