In a divorce, in the case of a refinance, who pays for the refinance? If my wife and I were getting a divorce and one of us wanted to keep the house and was buying the other out of their portion of the equity, being split 50/50, would the cost of the refinance of the mortgage to take the separating party off of the lease for the house typically be split between both parties or paid in full by the party keeping the house? Also say my wife would prefer to sell the house rather than keep it and sees it as the burden of the person who wants to choose the situation in which there is a refinance of the mortgage involved. Thank you!
The person who bears the refinancing costs would be determined by mutual agreement in a separation agreement, or would be determined by a court in a decree in its discretion, which is extraordinarily broad in domestic relations actions. There is no one rule governing this situation. Often ability to pay is the controlling factor. Also, many refinances can roll the refinancing cost into the principal amount or be concluded with no &quot;points&quot; and a minimum of transaction costs, especially when the same lender that is already &quot;on the risk&quot; is retained.
As written, your question seems to ask for legal advice in a specific case. That would be off-topic. If you are asking strictly as a hypothetical: In germany, there is supposed to be the Bestellerprinzip for services of a real state agent (whoever retains the agent pays the fees). This was clarified in the Gesetz zur Regelung der Wohnungsvermittlung as changed in 2015. Landlords and real estate agents are frequently trying to get around it, but getting the legal construction of the contracts wrong would mean a substantial fine.
One option is to bring a civil lawsuit to obtain a court order for the return of your property, something that usually proceeds on an expedited schedule (often one to three weeks from filing to an order). The traditional name of such a lawsuit is "replevin" although the modern and minority terminology for this kind of lawsuit is civil action for "claim and delivery." You could ask the police to intervene, and they might do so, but are not required to do so without a court order. This can take the form of a criminal theft charge, or could take the form of what is called a "civil assist" when the individual comes to the place where the property is held in the presence of law enforcement which assures a peaceful transfer. Sometimes a court in another matter such as a divorce, or domestic violence criminal case, will enter an order authorizing or directing that a civil assist take place. The appropriate remedy depends to some extent upon the reason given for not returning the property. One valid defense to not returning property is that a lease created a lien in the personal property left at the premises for unpaid rent, or a lien for moving and/or storage charges. The availability of such liens varies from jurisdiction to jurisdiction and based upon the precise details of the situation. Another valid defense would be that the person in possession of the property was not satisfied that they knew who owned it.
I assume that the loan was legal, in light of rule changes pertaining to non-borrowing spouses. If so, there is really no recourse other than to repay the loan. This article explains the current options / restrictions in an understandable manner, but of course it is too late to do anything about it. If there was actually fraud or coercion in the loan, or if the elder party was mentally incompetent, there might be some legal recourse, but we don't have any evidence of fraud, coercion or incompetence here.
Of course it doesn't work. You haven't discovered an end-around to property ownership I gave someone a car and want it back (they refuse) You no longer own this car. It is now titled in their name. Your interest in the car is now exactly zero whether or not they paid for it. I use a shell company to buy my own debt Okay. This has nothing to do with the car. You're now out of the cash it took you to set up this new entity. How are you doing this? I assume it means paying off your creditors with money you already have. You will also have to come up with some type of bogus documents that explain to the future court why this was even done. If you have the money, why do you have debt? My shell company sues me for conveying the car to conceal it from creditors Um, Ok. Now you're also out filing fees. Let's assume you know how to do this without paying an attorney to do it for you. I settle Makes sense, since you're suing yourself. The shell company now gets a court order to seize the car Seize the car how? This is a stretch. A judgement would be against you for the value of the car. You can't settle a lawsuit using assets you do not own. A court won't order something repossessed because of an unrelated squirrelly lawsuit. An exception would be a bankruptcy court that rules the item was sold or disposed of outside the court's orders. I would expect an astute court to hit you with contempt or sanctions for trying to use it to further your interests with some sort of end-around to property ownership. Expect more fees for this use of the court's time. The shell seizes the car No. Now I have the car back No.
Two people can have an equal interest in real property without being married, and being incarcerated doesn't affect a person's property rights. What matters is that now your ex-wife has a legal interest in the property. As a separate issue, she presumably also has a legal obligation w.r.t. the mortgage (otherwise the quitclaim deed makes no sense). The easiest solution is for the other party to voluntarily transfer their interest in the property to you via a quitclaim deed. A difficult solution is to use the judicial process to remove a person from the title. This could be done if there was fraud involved in the property transfer process, for example if the quitclaim deed was forged (presumably not the case here). You might sue to correct an error which doesn't reflect the terms of the transaction, via a reformation action, but that doesn't seem to be the case (a party not understanding the consequences of transferring an interest isn't an error in the relevant sense). You need to hire an attorney to solve the problem (he will look at all of the documentation relevant for your case for a possible solution).
Owners can't be evicted from their own property. That's one of the fundamental rights of real estate ownership. You may have a contractual basis for a lawsuit that either leads to payment or provides for forfeiture of their share, but that relies on the details of your specific case and will require specific legal advice from your own lawyer.
You did not specify a country or the specific contracts that might rule your condominium. At least in some jurisdictions indeed the repair cost of private portions cannot be shared. Moreover, you may not be required to pay some costs for common portions if you refuse to do so and won't make use of them. Do I have to sue them to fix this issue? A lengthy law-suit is too costly for me. If I refuse to pay $2k and only pay 1.2k, will I be facing any legal troubles? You will probably manage to continue paying just 1.2k, and have them have to sue you if they want to collect that supposedly owned money from you. However, there might be some requirements about providing notification of your refusal in a certain way or before some time elapses. I would recommend you to consult a local lawyer, it will be well-spent money. Plus, that refusal is actually sent by your lawyer (rather than just telling you how/what to say), should make your &quot;law-understanding neighbor&quot; think twice about going forward with their attempt of having you pay for it.