Losing my house?


#1

Recently got engaged to a guy and bought a house together. I paid 80% of the house and he fronted the rest cash. We are not working out at all and I left and want to split up. I don’t want to lose the house but I need him to move out. He wants to try again and said we will live together again and if it doesn’t work this time, he will move out and leave me the house. He said he will put that in writing.
Can we make up a contract stating he will move out even though he has vested interest in the house cause he paid for 20% of it?
I tried to have in evicted but the magistrate said I can’t cause he has money in it. I can’t lose my house. He has been abusive but I have no proof.


#2

Thankfully, you’re not married to him, so what you’ve paid for the house is your interest, what he paid toward the house is his interest. You would need to buy him out of his interest in the home, I believe.

Did you finance the 80% in just your name, and he put a 20% downpayment? If so, you might have a difficult time buying him out, and may end up having to sell the home…unless you happen to have that 20% available to you…

I have no other advice, but I am happy that you are not married to him if he’s abusive.

My other non-lawyer advice…don’t let an abuser move back in…I would rather lose my home than let an abuser back in my life…nothing is worth your safety.


#3

But can a contract be drawn up that can be legal?


#4

You may enter into such a contract.


#5

Could the contract be valid with just a notary or would it have to be submitted to the courts?


#6

Contracts are not submitted to the courts, and are valid upon execution.