Thursday, November 24, 2011

Splitting a profit of our house after separating from common law husband?

I have separated from my common law husband, we purchased a house 1 yr ago , we have decided to wait and sell the house next year, and split the profit, I also want my original 10000 that I paid for damage deposit. My name is not on the title. I have written up an agreement, stating we will sell the house and split the profit as well as getting back my original deposit, if both sign a letter stating this will it stand up in court?|||YES. What you are doing is formalizing a verbal contract by writing it down to become a written contract. Best to get a lawyer involved, one who is well versed on contract law, so BOTH of you have your rights protected and to make sure the contract is FAIR. Then, have the signatures notarized. I hope you have kept any documents to support your claim for the original 10K you paid. Later, when the house is sold, you may have to prove your portion that you paid up front. It sounds like your split is amicable NOW, but that can change later when there is real money involved. Right now, the money is all just on paper and just a concept. I have seen situations like this change overnight when one person starts to see the real money and gets greedy. Protect yourself by using a lawyer to draw up the contract, just in case... What you are doing is the very heart and soul of contract law. Use it to protect yourself... Or later on, I could be the one saying "I told you so!"|||There is no such thing as a damage deposit on a home purchase. I think you're referring to the down payment?





If your ex agrees to splitting the profit with you as well as returning your full investment, a signed document will stand up in court.





I'm curious why you would ever have invested in buying a home without having your name on the title.. If your ex chooses not to sign your agreement, you're likely out of luck, since you aren't married and you allowed the home to be registered only to them...|||Write it up and have him sign it in front of a notary otherwise he can still contest it in court





If he doesnt sign it, since your name is not on the deed, its very slim that the courts will give you have of the house.|||You had better get a lawyer to help with this. I believe it was said only a fool represents them selves in court. So be on the safe side and employ a lawyer. I hope you have proff that you paid this money, or it is he said, she said.|||It's his house (his name is on the title), why would he sign anything now that would give away his profits from a sale!





Next time, sign the papers first!|||Yes, this is a contract between the two of you.

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