co- owners
I co-own a cottage with my ex husband. He lived there
4yrs and paid me half rent. He moved out. I moved in
and paid him half rent. Lately I do not use the place
much and agreed to allow another woman to live there
if I could keep my belongings there and occassionally
stay myself for short periods of time. I charge her what I
pay my exhusband plus utitl\ities. My ex husband is
very ticked off because I did not ask his permission
first. He has now come up with a document indicating
that I would sign a quit claim to the property for $50,000.
He said I signed notorized it. I find it hard to believe that
I would make such an agreement . But I was under
much emotional stress at the time and may have not
realizing the consequences. That was about 3 years
ago. The property is worth much more than twice the
50,000 he is willing to pay. I do not want to sell my half
to him at this time. I offered to buy it from him for the
same amount and he refused. He will not allow me to
see the original document but will fax a copy to me. Do I
have any recourse or rights here or am I stuck with this
alleged agreement to sell for the 50,000?
Re: co- owners
An attorney would have to look at the document to see if it is a valid contract. Since it is 3 years old I doubt it is one. If you and he cannot agree on a sale bring an action for partition where the court will compel a sale. Good luck.
David Slater
David P. Slater, Esq.
5154 Windsor Parke Dr.
Boca Raton, FL 33496
Re: co- owners
Based on your belief that you did not sign the quitclaim deed or that if you signed it, you were under emotional stress (or that you may have been forced to sign it under duress), you may have a defense to your ex-husband’s claim. A thorough investigation of the facts and a review of the alleged deed is necessary.
Michael Paradise
Law Offices of Michael S. Paradise
488 Madison Avenue, 16th Floor
New York, NY 10022