Legal Question in Real Estate Law in Iowa

My exgirlfriend and I bought a house, with my step father being the third financial party, the house was $167. We (my ex and I) put down $10k towards a new addtion my Step father put down $51k for the down payment of the house. The addtion cost was somewhere around $35k, I paid for the $25k of that myself. Since the time we moved in together I have made the mortgage payment and she only made the gas/electric and cable payments. We lived in the house together for two years than we decided to split up she moved out on her free will and I have lived in the house by myself for the last two years she has never paid mortgage or property tax, utility payment in the those two years. She recently filed for bankruptcy and claimed the house as an asset she was granted by the state to do so, a month after she was cleared from the state her lawyer sent me a letter to settle with her for $30,000 and be removed off of the title of the home. In your opinion does she have any real grounds to stand on?


Asked on 10/12/09, 8:50 pm

1 Answer from Attorneys
Robert Luedeman solo practitioner

My knowledge of this subject is limited but in this particular case, you do not have your girlfriend to deal with any more, what you have is the federal bankruptcy trustee. If her name is on the title you're on the hook. I had a client a few years ago who owned a very nice asset-let's call it a sailboat. He had the title in the name of an old girlfriend who declared bankruptcy. The next thing I knew, the trustee was nipping at his heels. The sailboat was worth about $100k and we settled for $58,000.See, the bankruptcy trustee gets a piece of everything he recovers-they're not going to let go of that title.

I suspect that you had best get yourself an attorney real fast.

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Answered on 10/13/09, 9:00 am


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