There would need to be as refinance to get one of them off the mortgage. Isn't providing the child shelter part of supporting the child? :roll:
In relation to a similar issue.... My sister and her exboyfriend had a house and it was deeded and mortgage in both names. They agreed upon any break-up that they would get 3 appraisals of the property and use the middle price for a fair market value. One would have the option to buy the other out before the house was listed or put on the market. That way neither party lost any equity or gains on the property value from improvements, market value, etc. From there, IMHO in YOUR ex's situation, he "should" have what he paid toward the mortgage while he wasn't living there added to his half. BUT... if that $1500 is documented at child support payments, I don't see how he can prove she used it to pay part of the mortgage. don't know if that helps or not.... but good luck!!
While listening to Dave Ramsey one day, something very similar was asked about in regards to mortgage of 2 individuals who are not married. First thing - get a lawyer. Your bf and his ex will be too emotionally involved in the situation to have a clear well thought out decision so consult a lawyer as to the law and a mortgage. Second thing - get an appraisal as soon as possible. with the market the way it is some properties loose value quickly as more and more properties go into foreclosure around the property in question. Third thing - remained focused on what it is you are seeking. many become intangled in the battle to win over what it was they wanted from the outcome to begin with - whether it be selling the house completely or buying the other's 50%. You are not clear as to whether these individuals were ever married and then divorced or lived as Common Law man and wife. If divorced, wouldn't their divorce clarify what is to be done upon this situation.
Thanks guys for your information. From what I'm being told, she's wanting him to pay her what equity she has built up in the house since January. Certainly it can't be an insane amount.
9 months of equity? *snort Sounds like somebody is ****ed. 1500.00 IMO is an exhorbitant amount of CS for one child, and very well could have been earmarked as alimony and making sure the house didn't go under. If he went to CSE and got CS court-ordered, it is very doubtful it would be even near that amount and she would wind up losing money and in no way could pay the mortgage - so, in essence he is doing her a favor by taking that house off of her hands. He will have to refi into his name, in the meantime he can do the math here - https://nddhacts01.dhhs.state.nc.us/home.jsp?TargetScreen=WorkSheet.jsp and get an attorney if she thinks she is owed equity for 9 months. But like Jen says - she is actually owed half of the equity from when the home was purchased, so I might take her up on her 9 month offer.
