Q: Can a 50% owner of a property dictate that the other 50% owner pay money or sign agreement to live in the house?
My ex wife if 50% owner of the property and is trying to make me sign an agreement that I will pay the mortgage 11 days before it is due, pay her $100 per month once the 2nd mortgage is paid off (half of what the 2nd mortgage payment is), and give her a security deposit? I have been living in the house already through a management company. I am trying to cancel the agreement with the management company, and she is saying the only way she will agree is if I sign an agreement covering the few things I told you about and a couple other things. She is treating it like she is becoming the landlord. Does she have any right to request this or dictate this? Thank you!
A: You have two separate issues here (they do overlap, but they can be treated separately). (1) you and the management company: this is a simple contract; if you want to terminate the lease review the procedures for termination and early termination (be aware you may be locked in the lease for 1 year). (2) your wife: she is negotiating (or attempting to renegotiate) aspects of the separation agreement. She can tie carrots (terminate the lease) and use sticks (extra money) in the negotiation, but you are not required to accept the terms. She cannot force you to accept her terms, but she as partial owner can also prevent you from terminating the lease early. If things are really at an impasse, you may want to file a petition with the family court (if the divorce is still open) or the district court if the divorce is finalized.
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