Being Threatened by Ex-Fiance

[angelamh]

My question involves a relationship in the state of: North Dakota

Hello, my home in ND is solely 100% in my name. However, my ex-fiance has been living there on and off for 7 years. I have recently left and am staying in Illinois due to 2x in the last 6 months, I have had a gun cocked on me 2x.

I am in the process of selling him the home, for less than market value so that he can re-coup some of the equity. However, he is abusive, ugly and mean. And now is threatening me with a Lien on my home.

Does he have any legal right to any of the equity? And can he place a lien on my home?

I am unable to return to my home due to his anger, excessive drinking and guns in the home. I was told by domestic violence that once he knew I was thinking of leaving, my life would be in danger. So, I left, agreed to sell him the home, but he's still threatening me.

Does he have any legal rights to my home? He can prove about $15,000, but I also can prove he used $10,000 of re-finance money in 2006 so basically, I think that might be a wash. Just looking more to find out if he has any rights, cause I am real tired of being threatened.

Thank you.

[LawResearcherMissy]

Does he have any legal rights to my home?

No, he does not, unless you have entered into a purchase agreement with him already.

You need an attorney, and you need one yesterday.

[Foster_Foster]

I cannot fathom why you'd be selling the property to him for less than fair market value, since any money he gave you that you used toward the mortgage was what a court would consider rent.

I also cannot fathom why you'd move out of your own house vs. get a restraining order against him.

No, he doesn't have rights to your home. Whether whatever money you gave him from a refinancing transaction was a loan or a gift isn't relevant.

I suggest that you talk with law enforcement about getting a restraining order on him so that you can move home. If you aren't willing to do that, I'd talk with a local real estate attorney (local to the property) meanwhile about how to navigate informing him that you've decided not to sell him the house, getting him out of the house (he needs proper termination notice, which is likely 30 days) and also putting him on notice that if there are any damages done to it, he'll be on the hook. Meanwhile, I would try to find someone trustworthy who is willing to move into the house while he's there to keep an eye on it (and obviously willing to call the cops at the first threatening maneuver on the part of this ex).

He couldn't put a (legitimate) lien on your property unless he had a civil judgment.