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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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  #1  
Old 05-01-2014, 06:09 PM
undersc0re undersc0re is offline
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Default Home appraisal question

The mother inlaw, STBX, and I bought a home with all of our names on it, with a verbal arrangement that the mother inlaw would move out of the home after living rent free and bill free for 2-3 years.The mother inlaws share was approx 15,000 down in return for 2-3 years rent and bill free.
I am in a situation right now where I live in the family home now with the a daughter and stepdaughter, and a full time nanny.
I have and always have paid all the bills and costs for the home after the initial dwn payment.
The STBX is moved out and has been for 7 months and the mother inlaw has been out for 5 months.
The home was estimated by the city at 460,000 for tax purposes, appraisal at 425,000 ad market evaluations a 410,000 and 440,000.
The mother inlaw keeps playing delay games for last year or so, saying sell it, then saying she won't let me sell it, then agreeing to a settlement, then not agreeing, after I waste time and time with a lawyer drawing up paperwork for them to sign. I think she wants to delay the whole thing to get more money in the end as I am paying down the home....no big deal as I would be paying rent anyways.
The home is owing 396,000, so now she has refused the last offer I gave her after agreeing at first.
So she is countering with the fact she thinks the home is worth the citys tax estimate at 460,000, and wants a third of that or else half, if the STBX has signed her share over to me. The home was bought for 432,000 3.5 years ago, and would probably sell for approx 400,000 to 410,000 as it sits right now.
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My questions are, can I delay the sale or payout for a while somehow, until I can afford to pay them out? Mortgage and nannys and kids are expensive. Also what would a judge do if it went to court ultimately, since the 2-3 year thing in return for her initial helping us out. Would the judge just say sell the house and split it all 3 ways? Would the splitting be from what was owing on home when they left or when its sold? I am sure she is entitled to a third since we ended up putting her name on the home....
Also since she is playing games and delaying things can I get any legal costs from her?
I have honestly had enough of the agreeing and then disagreeing after I spend money on lawyers and get nowhere. I am going to just wait for her to make a move with a lawyer most likely...unless thats not a good idea for some reason.
The STBX is not a problem at all, just the disposal or agreement on the home to make the divorce go through, everything else was arranged with the STBX, the mother inlaw is the issue with everything, and other than ignoring the mother inlaw for now until she pursues things, I don't know what to do.
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Old 05-02-2014, 12:14 AM
Beachnana Beachnana is offline
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Was the $15000 towards down payment given in exchange for free rent and bills? If so does she really have any claim on the house?
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Old 05-02-2014, 04:45 AM
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Her name is on the title/mortgage, and the agreement for the downpayment help in return for 2 to 3 years rent and bill free was verbal, although the stbx would testify on my behalf most likely if it was argued that there was no verbal agreement. So what I am getting at is I let her live here for free the whole time and now she wants all her money back plus more, is that fair? I didn't sign up for that originally! As for your question about the 15000, yes.

She wanted her name off the mortgage at one point when my marriage started going bad at first because at that point a lot more was owing on the house and she did not want to get screwed, I should have jumped at that chance....heh.
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Old 05-02-2014, 06:40 PM
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It depends on who is actually on title and what percentage or share of ownership was registered for each individual when the home was pu
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Old 05-02-2014, 07:00 PM
undersc0re undersc0re is offline
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All 3 of us were on the title equally, nothing said in terms of any arrangements as the stbx and I were assuming the mother inlaw was just going to go her own way after a few months. Other than the verbal agreement, there is nothing, other than some emails from her saying, its not 2 to 3 years, it was 5 years that was arranged, than an email a few months later syaing she agreed to 8 years rent and bill free, than she said in an email after that it was 7 years agreed upon. I lost the 2-3 year arrangement email because I cancelled shaw and lost those old emails, but I have the other emails stating she arranged so many years rent and bill free for the help with the down payment, and she would eventually find a place or man to live with on her own.

So, other than verbally and some emails stating she agreed to time in the home rent and bill free in return for helping us out moving to bc....I have nothing solid.

I assume the judge is just going to say sell it, split it all 3 ways. I am just putting this out here to see if I have a hope at all of getting anything out of this from that arrangement made, and having the kids in the home as well.

I figure the judge is going to say this innocent little old lady wants and deserves her well earned money back as she was part owner...period. I offered her money, she didn't take in that or just taking over the home so I am assuming she is playing games or delaying to get me to pay down the home more and getting more money in the end....which only makes me upset because I wasted money on lawyers and contracts....other than that whatever....
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Old 05-02-2014, 07:09 PM
bigb bigb is offline
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Well get an appraisal on the home and deduct real estate costs at 5% and make her an offer for one third if you can afford it. It will be cheaper to buy her out sooner than later as real estate values have been trending upward at an average of 4% since 1990.
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Old 05-02-2014, 11:15 PM
undersc0re undersc0re is offline
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Thats what i did originally, but she is playing the delay game, the first time i had a professional appraisal done and offered her money, she said, I know what your up to! So now, a year later she has won the game so far, I paid more off the mortgage and she is winning her game I guess, she has no friends and her family has disowned her for reasons I won't discuss, so she has nothing better to do but watch me lose her game, which is why I want to just lay back and wait....she will pull me along again eventually and then play the silent game again I am positive in a few months, so I dunno if I would look bad ignoring her until a firm final finish.....of course she would get more money as I pay more off the mortgage but thems the breaks.....
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Old 05-03-2014, 11:48 AM
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Rioe Rioe is offline
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Did you have it appraised around separation date, when she stopped contributing to the mortgage? The value you would use to determine her share would be that price, minus the mortgage amount of the time, not the ultimate sale price minus the sale date mortgage.

If she insists on using the sale date price, you would have to also insist that she repay you her half of the mortgage payments you made between then and the separation date by subtracting it from her share.
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Old 05-03-2014, 12:14 PM
standing on the sidelines standing on the sidelines is offline
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Quote:
Originally Posted by Rioe View Post
Did you have it appraised around separation date, when she stopped contributing to the mortgage? The value you would use to determine her share would be that price, minus the mortgage amount of the time, not the ultimate sale price minus the sale date mortgage.

If she insists on using the sale date price, you would have to also insist that she repay you her half of the mortgage payments you made between then and the separation date by subtracting it from her share.
wouldn't it just be one third of the mortgage payments (plus property taxes and house insurance?) considering she only owns one third?
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Old 05-03-2014, 12:49 PM
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Quote:
Originally Posted by standing on the sidelines View Post
wouldn't it just be one third of the mortgage payments (plus property taxes and house insurance?) considering she only owns one third?
Ordinarily that should be argued, but the deal was that the mother did not pay any bills in exchange for her down payment. No bills to the mother means that he and the ex split them in half.
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