he won't give up the house

Get an attorney with big teeth. The creep will either have to accept a payment of half of the current escrow (then you guys sell the house or continue paying the mortgage) or he has to pay your daughter the same half of the current escrow and then he can try paying off the mortgage himself. Either way, you'll get your money back.

Maybe stick him for some alimony while you're at it. (Or use the threat of it as leverage)

Thanks joe nation, we have contacted a lawyer, but he is quite busy.....hopefully that will help we have requested a court order of sale, but with him in the house and sticking of pot and filth who knows if it will sell.

Hi gollan,

My heart goes out to you. You know the most important thing is your daughters safety. Thank God she has parents like you that have helped her escape from this man before he did any more damage to her, than he already has.

As far as the home and your gift of equity - a good lawyer should be able to help you out on that one, like Joe said. One thing to keep in mind - they have only owned the home for 6 months. Unless they bought below market value - it is doubtful that equity has accured 15% in that amount of time, without some home improvements. Though in some states that would be the norm for a 12 month period. I don't know what state you live in so I can't really say. There are states out there seeing a 20% increase per year. I think Maryland leads the race on that one.

You said he can't get a loan on his own. Do you know if he is making the payments? The sooner you can get a lawyer to draw up some papers addressing the issue of this, the better. There at least needs to be something in writing stating he has to make the payments on time as long as he is living in the house - or forfeit his rights. Her good credit standing is on the line if he doesn't. If he wants to drag the sale of the house out, at least you will have that much.

Also .... I know that some banks will make you go off the sale price if the loan does not have 12 months seasoning, on a refinance. So, the equity might be hard to draw out on a straight refi. Can be done though. Just creatively, is all.

Alot of issues here.

Like Joe said.......get a lawer ASAP. If the one you called is too busy.....find one that isn't. There's alot on the line.

Might be a good idea to seek some counseling for your daugher. Sounds like he put her through some pretty bad things. If you need some help on that , let me know what state you are in and I will pm you with some people that can try to help her.

Best of luck.

Dummy re law, I don't understand how and why the mortgage company wouldn't let you give the money solely to your daughter, pre the sale to them.

Osso's teeth flaming.

Of course, osso is often wrong.

Because they are joint borrowers. That puts both on the note as well as the deed. Equal responsibility in all aspects - and equal recipients of any gift funds.

Would have been best to leave him off the note - but I assume there was a good reason for adding him.....such as needing his income to qualify.

partition action
Partition Action

Co-owners




See also Partition Case as an example:



In a partition action, the trial court can order the sale of the house and distribute the proceeds from the sale. Inasmuch as this is an equitable action, the trial court will likely consider the source of the $6,500 down payment (and your intent that the money benefit your daughter rather than her boyfriend) upon allocating the proceeds from the sale.

If your present lawyer is too busy to handle this matter and address all your issues in an expeditious manner, find another lawyer! He who sleeps on his rights, loses them. Don't drag your feet.

See also this Partition Case