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Updated over 16 years ago, 06/01/2008
LEGAL. It's a doozy!
Owned 3 unit complex for 8 yrs. Divorced. Sold X husband's 50% interest in exchange for upkeep and future maintenance.
**Hope this is explained the way intended, even though this is really a 4 hour conversation...
Person who bought interest was also a 'love interest' of 2yrs. ...and you know what happens when things go awry. On paper, says 50% interest- no previous contributions from either party. But there were...
The reason the prior contributions and the fact that he's responsible for the maintenance wasn't on paper is because it was an added expense with the attorneys and we agreed what the terms would be and felt we could equitably distribute and designate funds as mature adults
Pillow talk and 3 witnesses indicating that they knew the real deal, which was - Thank you for letting me have 50% of this $300k home for $15k. - It's up and running and just needs some exterior updating. I can do that, being a licensed builder and having an extensive supply of left over materials. It will cost me nothing but time. (is he the perfect partner or what) :superman:
Me... I risked my 8 yrs of equity, sold him the house, deeded back to our LLC and he pocketed $55k. $20 of which was a personal contribution from my portion of 50%. Just prior to, he took one of 3 units and gutted (which had been done without my knowledge or consent and just a few years prior to his interest, had already been gutted and redone at the tune of $30k) It was redone by him, because he didn't like the layout (of a perfectly viable income unit)
It's 5 yrs later and the unit is still gutted. ($50k in rent lost) LLC paying for expenses. ($50k in funds given for repair... lost) Mortgage is paid by tenants and he claims to have $60k invested over the past 5yrs... Nothing has been done on this property in 5 years but a couple trees being cut down, the lawn maintained, an exterior paint job which I contriubted $16k toward and he wants more.
We're in the middle of a lawsuit so asking for a copy of this, that or the other is already in motion..
Optimumly, I'd like to give him the house, be awarded a judgement in the amount of $70k+ and be done. I'm leaving a million and one things out of the complete story, but can prove his intent and understanding 'the arrangement' and is now only upset for the first time in 5yrs that he can't pay the mortgage because he blew all this money when he had it in his hands.
Again, It's now a total of 13 yrs that I've owned this house and he the past 5. It is worth less than what I sold it to him for not because of the market, but because of it's condition as a result of his gutting (5yrs ago). His entire argument (he initiated the law suit) is that I have conducted myself in a manner of 'no authorization' - I've collected $5k in the past 2 months of 5yrs and my sleeves are rolled up and I need to know if that is with cause? Other than that involvement, have had ZERO involvement since the purchase in 2004