Real Estate News
Best way to divvy up house after failed relationship
Before quitclaiming share, make sure compensation is fair
Q: My domestic partner of 11 1/2 years and I have split up. We purchased a house in 1999. While I am on the deed, I am not on the mortgage but have been contributing towards the monthly payments the entire time we've owned the property.
She wants me to sign a quitclaim so that she can refinance the mortgage in order to get a more affordable payment for herself. Am I entitled to anything? Will she have to buy my half of the ownership? Thank you for your assistance.
A: I'm assuming that you and your domestic partner didn't take the basic, but savvy, step of preparing a business partnership agreement that outlined your financial responsibilities and ownership interests in your real estate property.
While I'm sure you thought your relationship would last forever (who doesn't think that?), the reality is about 50 percent of marriages end in divorce and it's likely that domestic partnerships are at least as susceptible to break-ups as traditional marriages.
If you had a partnership agreement, it would have outlined what each of you brought to the purchase of the property, who contributed what, what percentage of the property each of you owned, and what would happen if you broke up or dissolved your partnership down the line. When nonmarried partners purchase property, I strongly suggest that they invest a few hundred dollars in a partnership agreement that covers all of these issues.
From what you've told me, it sounds as though you're in a pretty good position. You're listed on the deed, but you're not responsible for the mortgage. I would suggest that if your partner wants you off the deed, you and she should have to agree on some sort of financial sum that represents your share of the equity in the property.
If you own the property equally, you can ask a real estate agent to give you an estimate of what the property would sell for in the current market. You can even hire an independent appraiser (cost: around $250 to $350) to appraise the property.
Then, subtract the mortgage from the value of the property and include those costs that you would have had to have paid if you and your partner had sold the home. The costs of the sale might include real estate brokerage commissions, transfer taxes and other fees that a seller ordinarily pays to sell a home. What's left is a number that you can either split in half (or nearly in half, depending on whether you are factoring in the other costs of sale), or you can subtract the cash that each of you put down on the property and then divide the equity that remains.
This may not be an easy conversation for you and your ex-partner to have, but it's a necessary one. You should also discuss how the transfer of ownership will take place. I suggest that it happen at the refinancing table. You can find a mortgage lender who will work with you and arrange to have your share of the equity paid to you at the closing, which is where you will sign away your ownership interests in the property.
While you likely didn't work with a real estate attorney when you purchased the house (that's the person who would've drawn up the partnership agreement), you should consult with one now to make sure that this process goes smoothly and you wind up with everything you're owed.
Q: I have a neighbor who burns freshly cut and wet grass constantly. The spot she burns in is directly across the street from my house, it's on the very back corner of her property very far from her house.
The smoke is horrible and the smell is disgusting. It has caused me to have two asthma attacks just this week. I can't let the kids out to play. We either have to leave the area or stay inside with all the windows closed. The fire lasts for at least a week. It smolders and then a wind will come along and it will start kicking up smoke again. The smell lasts the entire week.
We have tried to talk to her, but it didn't do any good. She has at least two acres of yard and she cuts her grass almost daily and bags and burns every bit of it. Her burning starts in the early spring and continues through fall.
We live in a neighborhood in the country so there are no city laws that apply to us. The county law states there will be no open burning: "No person shall cause, suffer, allow, or permit open burning of refuse composed of animal, fruit, or vegetable matter, garbage, offal, or any other nauseous matter of organic or inorganic matter at any time except within a furnace or incinerator, and then not in a manner which permits the escape or discharge of noxious odors."
And yet, my neighbor said that the county health department said she could burn as much landscape waste as she wants. Is there anything we can do to stop this? Thank you very much.
A: Why are you taking her version of what the county health department says as the gospel? You already know what the law says, and if what you've quoted is accurate, it seems that she should not be burning grass clippings.
Instead of fuming silently, a better idea would be to pay a visit to your county's health and building departments. Have a conversation in person about what your neighbor is burning and ask them whether it is against the law. You can provide photos or even a video for them to see. While your neighborhood may be in an unincorporated part of the country, your neighbor should still be subject to county ordinances.
Getting her to follow them may be tougher. You can push the county to enforce its rules and perhaps they will fine your neighbor, but she still may not stop. At that point, you should sit down with a real estate attorney who can advise you as to your legal options, if there are any. In addition to the local ordinance, there may be other laws that your attorney may be aware of that could be used to challenge your neighbor's burning of her yard waste by your home.
Finally, even if you are right and your neighbor is wrong, you may just have to consider selling and moving if the burning of her yard waste is making you physically ill. The most important consideration should be your good health.
To get even more valuable advice from Ilyce, visit her Personal Finance and Real Estate Center.