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Real estate problem with two people that bought a house together and now have separated.

Asked about 3 years ago - Tucson, AZ

A few years ago my girlfriend and I bought a house together and now we have separated, but now have an issue......I offered my (ex)girlfriend $25,000 cash and was going to refinance to get her name off the note of the house.
She accepted the money and the funds were paid to her. And at the time I was working and had a good paying job and was attempting to refinance, but no one would refinance due to time on the job and other issues, and I have tried to refinance numerous times, but no one would do it...now I have been laid off from work and have had an extremely difficult time just trying to keep up with the mortgage, but have been late numerous times even going into foreclosure proceedings at one time, although I saved my home from being taken....I have damaged my credit and hers as well tremendously.

I have recieved a letter from an attorney representing her now asking for me to sell the house to remove her from the note, in addition claiming tht I did remove her from the note so the previous 1/2 interest that she signed over to me is now hers again due to my non"full consideration" for the transfer terms. In addition, they are going to initiate a lawsuit seeking a partition of the property-in essence mandating the sale of the property and a division of sale proceeds.

What can I do, I am in need of help???

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Attorney answers (2)

Joseph Adam Hazelbaker

Reputation Level 6

Answered about 3 years ago. Real Estate Attorney in Athens, OH.

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You need to get an attorney licensed to practice in Arizona. You are in a situation that does not lend itself well to a 4,000 character answer over the internet. You're talking about your home--likely your most important and significant asset. If you are unemployed, you may be able to seek the assistance of a legal aid attorney. Check out the website www.azlawhelp.org.

Having said that, let me say that you both have significant legal obstacles to overcome. Don't be overly intimidated by the posturing in her attorney's letter. That's not to say you need to take it lightly, but that you should expect her attorney to go overboard/exaggerate the strenght of your ex's claims. For example, if they are making the claim that the original contract fails for lack of consideration, then why haven't they returned the $25,000 portion of consideration? Furthermore, did she report that amount as income on her taxes? The upshot is, that you both have a tricky legal issue, you both have reasons to want to resolve this out of court, and you should seek competent local representation to assist you. Best of luck to you.

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Marc D McCain

Reputation Level 12

Answered about 3 years ago. Real Estate Attorney in Scottsdale, AZ.

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I agree with the other answer -- hire an experienced Arizona attorney to represent your interests. one initial thought is that agreements regarding real property must be in writing to be enforceable (the statute of frauds requires this) so my initial reaction to her lawyer's posturing is that it is a bunch of huffing and puffing.

However, anyone can sue for just about anything so I wouldn't take it with a grain of salt -- a stern response is in order setting out your position. If you want to offer up any resolution to avoid any litigation, that is something you could address in a response.

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