frankndex Posted February 20, 2007 Posted February 20, 2007 I have a weird situation. My wife and I were living in Georgia and her twin sister was diagnosed bi-polar. After a lot of trying to help her she asked us if she could live on our farm in West Virginia. We allowed it and even discussed her buying some of our property. Soon after my father in law and my mother had some cancer scares and my wife was having some very serious medical problems. We decided to move back to Ohio to be close to our parents. My mother and father in law told us to move into their house and they would live with the twin sister. They told us we could stay there rent free until my wifes disability was approved and we could financially stand on our own two feet. Well, my sister in law without our knowledge decided to see if she could assume our mortgage and it was approved. Now she wants us to sign the papers over and that was not our original agreement. Doing this would leave us with nothing not to mention the fact that our mortgage for 42 acres, a 5 bedroom home and 9 stall horse barn is only $35,000. The mortgage on my in laws property is near $70,000. Add to the fact htat my wife just recently was diagnosed bi-polar we have asked them to wait until she is capable of making a decision and until her disability has started. The in laws are in an uproar, they keep saying to trust them that we would not be cheated, but past track records don't give us hope (my sister in law threw us ourt of her home once when my wife was pregnant and once when we had a newborn - in the middle of Ohio winter). Now I think they are trying to make us pay money we do not have for rent and are going to bill us for the new roof they decided to put on our farmhouse. We do not want to cheat anyone and do not want to get cheated. I am just looking for some help, somewhere to go to get advice to protect my family. We have gone and are going thru so much this situation does not help my wifes condition at this time. Any advice would be greatly appreciated.
Craig Posted February 20, 2007 Posted February 20, 2007 Don't think about anything anymore just see an attorney as soon as possible. Your problems are simple, basic and easy to solve. A decent attorney will be able to explain how you can keep your property, pay your bills and not get cheated. If you're not happy with the fees your attorney quotes you then go see two others and see what they'd charge.
riobikini Posted February 20, 2007 Posted February 20, 2007 First, my sympathies with all the family and illness issues. Next, I wonder *why* either one of you would want to move to be next to folks who treat you so badly. Seems to me, you could've chosen to live in your *own* house in West Virginia (they say, "God's Country, BTW) (Smile)- and have fared much, much better. You might need to check with an attorney, but I think you neither owe nothing for the new roof *they* put on, nor anything in rent monies to your in-laws (according to your *verbal agreement). Craig (an LS poster) would be good to inquire to on these matters. I think you're better off keeping -and looking after- what is already yours. -Rio
CardPlay3r Posted February 21, 2007 Posted February 21, 2007 Maybe I didn't get this right but....you own the farm in virginia? well if that's the case it's not rocket science what to do, throw them OUT and move back in
Craig Posted February 21, 2007 Posted February 21, 2007 ... throw them OUT and move back in That is bad advice. In todays world you don't just "throw" someone out of a property unless you know what you are doing and have the experience to handle any challenges that may arise. If you know what you are doing it is a very simple task but there are ways that you can completely screw yourself over by doing things out of order or without proper documentation or proper delivery of the same. The original poster's problem looks like it can be solved quite easily but because he doesn't have the knowledge or experience in these matters he needs the protection and peace of mind that a qualified attorney would give him.
CardPlay3r Posted February 21, 2007 Posted February 21, 2007 I don't get it, it is their property. He didn't mention the in-laws being tenants there...more like guests as I understood it
Craig Posted February 22, 2007 Posted February 22, 2007 I don't get it, it is their property. He didn't mention the in-laws being tenants there...more like guests as I understood it Ah but you are using common sense my dear CardPlay3r! When a person is invited to stay at another persons property for an extended period as is the case above, a tenancy is created. Money does not need to change hands to create a tenancy. The kind of tenancy that is created depends upon the exact agreements, circumstances and actions that show the intent of the parties involved. In this case it would appear that the tenancy created was initially a tenancy at will but the type of tenancy has been confused by the in-laws putting the new roof (or more accurately [probably] new shingles) on and checking into assuming the mortgage on the property. The in laws may have a cause for action and probably would not be successful but the original poster needs a good and experienced attorney to explain what the in-laws are trying to do (not a good thing). The attorney would probably write a chill letter or two and set the in laws straight regarding their rights and interests in the property and then everything would be just fine. A few feathers would be ruffled but no one would be hurt badly financially or otherwise.
CardPlay3r Posted February 22, 2007 Posted February 22, 2007 A tenancy is created without a contract? well I find that to be totally stupid lol maybe it's not the case in his state...he should still call the police to have them evicted and see what they say
RecordProducer Posted February 22, 2007 Posted February 22, 2007 So you would make an exchange transaction, right? In such transactions, you agree on the price and all conditions. In other words, both properties' value is estimated (preferably by professional real estate experts) and the difference is being paid by the buyer of the more expensive estate. It's pointless to view yourself from a perspective of a vicitm, because you want to move to a more expensive house. Is it worth $70,000? Yes. Is your property worth $35,000? Yes. So how can you expect from them to give you half of the value of their house for free? If however the value of their property is less than $70,000, don't settle for less! It's your money. Bring an expert to backup your statement about its value. If you sold your house and they sold theirs, what would you be left with? And how would you move to Ohio? The thing is you think that because they are family and you put up with them, they owe you something. This is business. You don't have to do business with them.
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