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Originally Posted by Mark Grant
Thanks Hammer,
I have to admit, the emotional side of me finds the idea of countering her obscene 50% claim with an equally obscene low-ball offer
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If you make an unreasonable offer to her, she may use it as evidence that you are not negotiating in good faith and try to stick you with costs. Make any offer fair and reasonable based on the current FMV of the house. Leave her to try and argue to a court why she should be entitled to 50% of funds that were never hers.
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and tellng her to take or see you in court and try to stick her with costs, to be an attractive one.
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I would make 1, maybe 2 offers to her based on appraised value of the house. Most realtors will do an appraisal for free. But seriously, tell her you are not willing to consider any funds you personally contributed to the purchase of the house in any offer to her or from her. Any offer from her that does include your deposit will be summarily declined.
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However, the rational side of me says it's a high-risk move. I've coming to the point where I'm resigned to the fact that this is going to cost me so I'm biting the bullet and seeking legal advice.
Mark
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Speak to a lawyer if you must and have them send her an offer to buy her out. Though, part of me would rather sit tight and do nothing outside of getting the house appraised and then making her an offer on that, taking into consideration the calculations previously mentioned. Let her waste the money on a lawyer first.
Also, on a side note. Be sure not to engage her in any sort of argument and I may suggest getting a digital voice recorder. Once she knows you are not going to rollover, she may get nasty and hit you with a false DV claim and get you kicked out of your house until this is settled. Personally, I wouldn't speak to her at all. All communication would be via email.