Can She force the sale of the house?

[Pandy]

I will attempt to make this brief.
A couple buy a house 1 1/2 years ago. Both names on deed and morgage. He puts the down payment and pays all legal fees. She moves out Feb 1st. and stops all payments towards the upkeep of the house. He has us move in to help with payments. She demands 1/2 the equity and has an appaisal done. He says fine, take your name off the deed and you will have it (all through lawyers). She finds out he has a girlfriend and that they will never get back together. Demands the house be sold. Demands that he sign an eviction notice against us. when he said no, says that she is going to move back into the house. Can she force the sale of the house when he says he will buy her out at her demanded numbers? Can she just move back into the house after not paying anything for almost 5 months?

[billiechic]

He needs to make a fair offer (in writing) for half the equity. She would need a court order to force the sale, and if there is a reasonable offer on the table (for what she fairly deserves) then the court would see that the forced sale is only to hurt him.

Is there a separation agreement offered already? has court action commenced? Were they married or common law? Are there kids involved?

[Pandy]

No children, the fair offer was the numbers that she wanted and was made in writing through the lawyers. No separation agreement, no court action. Not married, common law, maybe.

[billiechic]

then she is blowing steam. Until she starts a court action I wouldn't worry.

In order to evict she would have to apply through the Residential Tenancy Act. Since he (the acting landlord) is not in agreement, you have nothing to fear legally. Just make sure you get rent receipts.

[Pandy]

Just in case it actually matters, she decided all this after she found out that he has another girlfriend and that there was no hope of them ever getting back together. before that, she had said that all she wanted was the money.

[Pandy]

thank you! that makes me feel better. Now I just have to worry about her trying to move back into the house

[billiechic]

if she has stopped all payments towards the house (and hopefully taken her name off the utilities) then she has forfeited the right to move back in. But this is not something you can deal with. Her ex needs to be dealing with this. If you are a tenant then this is not your concern (legally).

[Kawoi]

oh no, that is not true. I just went thru that one. It does not matter if she stops paying. She can still force a sale even if it means losing tens of thousands of dollars. if she is on title and mortgage, she can take what ever she wants before a judge.

[billiechic]

no. the court will not make him sell the house if he makes her a fair offer. She cannot refuse her share of the equity out of revenge. The owner is willing to buy out the co-owner.

She does still have ownership, but her ownership is not more important than his. Sure, she can take it to court. But not likely the court would support her.

[Pandy]

looks like we will find out what the court decides. She has filed papers for support, (they make the same amount of money) and to have us removed from the house so it can be sold.
Also, found out they did -not- live together for 3 years. at one point, she asked him to move out,(before they bought the house) and he was gone for 3 months.
I just hope it works out.