Legal Question in Real Estate Law in Maine
Property Ownership after Seperation
A friend bought a house with her Partner at the time. They split up (were never married) and he moved out.
She is the only one has continued paying the mortgage for the past two years, rates and insurance (and can prove this). They both put money towards the deposit, he paid the greater proportion ($30k vrs $5k), and jointly paid the mortgage for several months after purchasing.
Both names are on the deed, however he won't sell.
What I want to know is what rights does my friend have with regards selling the property, and how much is her ex-partner entitled?
He is saying she owes him far more than what he put into it stating the househas increased in value (it has by about 10%)
Also, he is saying he is going to use the house payments as a tax write off, even though he has not paid anything in the last year, simply because his name is on the title deed, as well as one of the mortgagee's.
Any advise would be appreciated, my friend doesn't know what to do here .. and feels like she is getting backed into a corner. Thanks
1 Answer from Attorneys
Re: Property Ownership after Seperation
Unfortunately your friend is not alone with this type of problem, and again, unfortuantely it is not a problem that lends itself well to a black and white answer regarding the parties' rights and financial expectations.
However, with that said, if the parties cannot agree on a sale of the property, it is possible for your friend to file a legal action asking the Court to "partition" the property and force a sale. The Court will determine the sale price and how the proceeds are to be awarded to each party. The basis for this is equity, because if the other party won't sell, then the Court may require a buy-out between them. A legal action is not preferrable due to the expense.
The actual dollar amounts each party is entitled to is heavily fact based and cannot be determined by me in an email, but ultimately should match the contribution made by each to the property.
The other owner should not take the tax deduction for mortgage interest if that person did not, in fact, contribute to the mortgage. An accountant should be consulted about how to best handle the tax return for the year in question.
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