I have joint ownership of our house. My ex moved out and when he did I paid him his original investment in the house. I stayed in the house but we did not change anything as I could not buy him out. It has been 7 years. I have paid the mortgage 100% with no further investment from him in anyway. Now he wants to force me to sell and/or pay him 25% of what the house is worth after the mortgage is paid. I am able to refinance into my name now, but I don't think he is entitled to any money, but I am not sure where the law is on this issue. Can he do this? The document that was drawn up when I paid him off, was not notarized...sorry to say..too much trust on my part. Thank you..

closed as off-topic by ChrisInEdmonton, Ben Miller, Dilip Sarwate, Dheer, JoeTaxpayer Nov 11 '15 at 15:22

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  • 4
    This depends on exactly where you are, exactly what you signed... You need a lawyer, not the Internet. – keshlam Nov 11 '15 at 6:23
  • Though, good on you for getting something drawn up and signed by both parties. Take that to your lawyer, it will be useful. – ChrisInEdmonton Nov 11 '15 at 13:34
  • I'm voting to close this question as off-topic because it is about law. – ChrisInEdmonton Nov 11 '15 at 13:34
  • 3
    I'm voting to close this question as off-topic because this is a legal dispute between individuals. – Ben Miller Nov 11 '15 at 13:53

The fact that your ex is on the mortgage limits their ability to get more loans. While you have been making the payments on time, if you had any problems making those payments it would have also impacted their credit score.

It is understandable that they would like to be released from the mortgage. The options that they have are limited. You would have to refinance the mortgage. Lenders don't just drop borrowers from a mortgage, unless they have determined that the remaining people on the mortgage can make the payments.

Besides the mortgage ownership documents were probably filed with the local government. The refinancing process will require a signature by your ex, unless the earlier agreement documents removed your ex as an owner, and those were filed with the authorities.

Regarding an exchange of funds: it can be negotiated. An attempt was done with the earlier agreement. If the documents that were signed are proof of the agreement can't be determined by the internet.

How this is settled, is outside the scope of this site. It depends on what documents have been signed in the past; the jurisdiction involved; And the state of the relationship at the time of the purchase and at the time of the refinancing.

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