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Common Law Issues The law regarding common law relationships is different than in cases of divorce. Discuss the issues that affect unmarried couples here.

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Old 09-07-2009, 11:14 AM
Miller29 Miller29 is offline
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Default Common Law - House fight

Hello, okay I think I'll just explain on here and see if someone out there responds.
In Short:
Common Law for 5 years, now separated. I moved in with my parents for now to calm things. It's been 2 months now since separation. I am trying to convince her to sell the property to me. We have 140 k in equity in the home that we purchased as joint tenants. I am offering her much more than her fair share to buy her out, and she is still unwilling to sell. She still says that she would rather lose money and me not get the house as she can't see another woman in our home eventually. On the other hand she cannot buy me out. I have backed off the situation for now and am hoping that she comes around to my way of thinking which more than likely isn't going to happen. I know I could put through a petition through the courts to sell the property, however, I really want to keep it.
What are my options? Can I put it on the market through a court order and then have a third party buy the home for me so that I can buy it back from them or have them transfer ownership to me after the sale?

Any advice would be great.
Old 09-07-2009, 12:26 PM
sad2Bhere sad2Bhere is offline
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Default Posting New Threads

Hi, glad you figured out how to start a new thread, took me ages late last night to find the way, then couldn't remember how I did it this morning!! In case anyone else is new and having trouble - go to the bottom of the page and click on "Divorce" right after "contact us", then click on "Divorce Forum", in the blue bar at the top of the page. Choose the forum you need then click on "New Topic" in the orange rectangle. I'm not sure if this is the fastest way, but it works.

Your situation sounds very difficult, I hope someone here who has had a similar experience can help you. Mine was very different, neither of us wanted our house, too big after children grew up, I was left to sell it, then we split the profit down the middle.

Good luck, I hope you find a solution soon.
Old 09-07-2009, 02:33 PM
standing on the sidelines standing on the sidelines is offline
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Once the house is listed for sale there are no restrictions on who can buy it.

I would petition the court and get it done and over with. If she is being spitful then time may either make her see sense or dig her heels in more. No sense in dragging it out for too long
Old 09-07-2009, 04:30 PM
Mess Mess is offline
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Mess is a jewel in the roughMess is a jewel in the roughMess is a jewel in the roughMess is a jewel in the rough

Incorporate yourself as a numbered company and use your new company to buy the house through and agent. Then rent the house to yourself.
Old 09-07-2009, 06:49 PM
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billm billm is offline
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I would let her sit a bit. If she can't afford to buy it then there is not risk, it must be sold. She will settle down perhaps and allow the sale to you.

Otherwise, I would do as people suggest and buy it secretly, but then you pay the real estate commission...or go to court to force the sale to you --- if she can't buy it then it seems reasonable that a judge would order the sale to you, based on an official appraiser value.

There is no need to pay her more than the house is worth, unless it saves you the hassle/cost of forcing it.
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