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  1. #1
    Join Date
    Apr 2006
    Location
    Denver, CO
    Posts
    1

    Default Ex Refuses all Offers

    I currently co-own a condominium with my ex. I moved out of the place two years ago. He has been living there since. He has never paid an amount equivalent to the going rent in the area. We have simply split the mortgage half and half. In order to cover the mortgage, we have found roommates for him that have made up a portion of my half of the mortgage. I have made up the rest as a complete loss.
    Neither of us wants to be involved in the property anymore. I do not want to be connected to him in any way.
    Unfortunately, the condo is not worth what we owe on it once realtor commissions have been factored into a sale, so we can't put it on the market.
    I have offered to turn over my half to him. He has refused.
    I offered to take over the entire property if he signs a Quit Claim. He verbally agreed and then consulted family members and now refuses to sign the Quit Claim. He also refuses to move out.
    He wants to put it up for sale or rent it out. There are several problems with this solution. First, he cannot afford to pay half the loss should we sell it. Second, he cannot afford to pay his half of the mortgage and HOA dues that will be left after renters pay rent. For the past two years it has been like pulling teeth to get his half of the mortgage and HOA dues. They are both due on the 1st and late by the 15th. I have never received his half before the 15th and have had to 'float' the mortgage payment for him.
    I do NOT want to be in this business situation anymore. I have made all possible offers to him, including one that would allow him to just walk away from the debt and loss of the place, and he has refused.
    Frankly, I don't think I should pay half a mortgage for a place I'm not living in, but he is.
    Also, I purchased a replacement dishwasher for the unit over a month ago and he has yet to reimburse me for his half.
    What are my options?!?!
    If anyone has any suggestions, I would greatly appreciate it.
    Thx.
    G

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default

    It sounds like you are ultimately going to have to bring a court action for the sale of the property. You should be able to ask the court to allow you to purchase the property based upon the sale price it determines to be appropriate. If you do this, it makes sense to get the help of a local real estate lawyer.

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