My husband and I are in a situation where his so called "friend" tricked him into buying a property both in my husband's name and partners friend wife's name. The situation is somewhat complicated are there are other issues surrounding the situation. To cut the story short my partner would like to get out of the whole deal because of other issues. We want to sell the property but the other party don't want to sell it and they are making it very difficult for us to do so. We don't care if we just break even we just want to get out of the deal and we don't want to have to do anything with this people anymore. They have taken advantage of my husband's generousity. In other words these people are obviously jealous of us as we have something and they don't have much and they are trying to make money. It is somewhat complicated as they also owe my husband a lot of money which they have denied. We trusted these people. Treated them really good and yet they have done this to us. Anyway is there anyway we can force them to sell the property which is co-jointly owned with my husband as tenants in common. Is there a way we can dissolved the partnership and get a court order to sell. These people have done so much damage on us both financially, mentally and emotionally. They have twistsed everything that they promised us. It is also our fault because we trusted them. Same ols story we are the good guys who tried to help a friend, and this is what happened. Is there anyone there who has an idea on this situation? Would appreciate your views and opinion and more so your suggestions. Thank you.
Get a good lawyer who will advise:
1 Make no further payments (rates , mortg etc)
2. Collect all documentation-
3. Freeze further advance/redraw (or take excess $ self)
4. Demand it be sold -in writing
5. Obtaintrustee consent (solicitor, accountantor listing RE)
6. Apply to Supreme Court under Property law act to sell property
7. seek order as to freeze residue of funds pendingCourt order
8. Litigate/negotiate settlement.If they are leeching off you,the sooner it is bought to a head the better.
Why would Jubel cease making paments when her husband is legally liable for the rates and mortgage ?
Tools
Thank you for your suggestions. We have not ceased payments at all as we know that this man (who is actually controlling everything to his advantage and controlling his wife as well even though the property is in his wife's name and my husband's name he tells her what to do and he was expecting my husband to do the same. He did not like it when I intervene and started asking questions. The money that was borrowed to purchase the property was from a loan shark not a bank as he did not want to go to the bank and that's where I started questioning him and even offered them at that time that myself and my husband can get the money from the bank but he didn't want to, he didn't want my involvement because he knew from the start that I am not some stupid bimbo that will just follow what this man's wants to do so in other words he did not have a genuine motive from the very start but to use my husband to get what he and his wife wants) He denies and twist everything that he verbally agreed to us. He promised that he will pay my husband's half share of mortgage as way of his repayment to my husband for the money that he borrowed but turn around that it was not the case that he was only doing it because he was doing his wife a favour and that when the property is sold he is going to take the money that he paid on behalf of David. Anyway we just don't want to associate with these kind of people. But he is making it difficult for us to get out of the deal. Comes October 30 the money that was borrowed from the loan shard needs to be paid and as we can see, these people don't have that kind of money and we will end up paying the whole amount to the loan shark. This guy knew exactly what he was doing…. very clever in schemming. thank you all for your suggestions and support.
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