Lawyer

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Flossy1978
Posts: 1386
Joined: Tue Oct 09, 2007 3:38 pm

Lawyer

Post by Flossy1978 » Sat Jul 08, 2017 6:22 am

Sori, had to delete
Last edited by Flossy1978 on Mon Jul 17, 2017 1:29 pm, edited 1 time in total.



Lawyer

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Piet
Posts: 456
Joined: Thu Aug 13, 2015 3:45 pm
Location: Finland

Re: Lawyer

Post by Piet » Sat Jul 08, 2017 10:01 pm

Flossy1978 wrote:Could someone direct me to a lawyer, who can help me get my name off a mortgage? I no longer live in Finland, so they'd have to speak English. And hopefully not cost a lot.

Can anyone give me an estimate on how much it'd cost to fight to get my name off a mortgage? To make my ex sell the property if he can't get the rest of the loan?

This has been going on for years (since 2009) and he has no qualms about costing me about $10000 a year in rent, because I can't get cheaper housing because of this mortgage. We have a child together, he pays nothing for. But I should be helping him and his wife and their child. Yeah, an a*sehole.

He claims if we went to court he wouldn't be made to take my half of the mortgage, or to sell the house, because he can't keep/get a job. And he said the mortgage is about 3000€ more than what he claims the property is worth. That no court would make him sell it, based on this. And somethingabout the bank. I can't remember.

I am so tired. I am wasting huge sums of money every year. When I asked again to please take my name off the house, because I will have the opportunity to get cheaper rent for our child and he now has a job. He stated he wants to pay off his huge debt first.

I can't of course use legal aid there. And the person I contacted basically told me he has all the rights. I have none. I have a feeling he will make me stay on the mortgage till he pays it off in about 20 years. I even helped sign the papers so he could have that interest only payment time, under good will and he doesn't give a sh*t how this affects the quality of our child's life.

How much and from where can I get help to end this? Would I becmade to pay all the court costs, do you think? I have a decent job, but due to the high rents where I live and raising a child without support, I don't have a lot of disposable income. I just want my name off the mortgage.

I also didn't live there for that 2 year tax thing. So will I owe heaps of money?
The 2 years thing is only relevant for the situation when the house is being sold with a profit, you will pay income tax over the profit only.

When you were married and you bought the house together, but now divorced, you can have a distributor sell the house as part of the distribution of the matrimonial assets.
you can petition the court for appointing a distributor (a lawyer), he can be paid out of the assets acquired with these proceedings. Average cost about 100 euros an hour.
If your ex does not want to sell his part, he has to buy you out, otherwise it will be sold anyway.

Try this one: http://www.uudenmaanlakimiehet.fi/in-english, they have a free initial consult option, they might give you a hint into the right direction.

How this works when you were not married, no idea....
If god would give us the source code, we could change the world
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Flossy1978
Posts: 1386
Joined: Tue Oct 09, 2007 3:38 pm

Re: Lawyer

Post by Flossy1978 » Sun Jul 09, 2017 6:32 am

Sori,had to delete.
Last edited by Flossy1978 on Mon Jul 17, 2017 1:28 pm, edited 1 time in total.


Rosamunda
Posts: 10609
Joined: Fri Jan 02, 2004 12:07 am

Re: Lawyer

Post by Rosamunda » Sun Jul 09, 2017 3:24 pm

Which bank gave you the mortgage?
You could try calling them to explain the situation and ask for advice.
It seems odd to me that this wasn't resolved when you divorced...
Did you divorce in Finland?


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Cory
Posts: 3635
Joined: Wed Jun 18, 2003 11:51 pm
Location: Turku

Re: Lawyer

Post by Cory » Sun Jul 09, 2017 8:22 pm

This sounds like an odd situation.
When I divorced, I no longer wanted to be in the house that had both our names on it so the ex had 2 clear choices. 1. buy me out or 2. sell to a 3rd party and split the money in 1/2. I didn't care which he chose but he had a set amount of time to make up his mind. It was a cut and dried situation with no need for a lawyer because splitting common property after divorce is written into Finnish law.
Did you walk away from the property without any discussion?
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Flossy1978
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Joined: Tue Oct 09, 2007 3:38 pm

Re: Lawyer

Post by Flossy1978 » Mon Jul 17, 2017 4:07 am

Sori, had to delete
Last edited by Flossy1978 on Mon Jul 17, 2017 1:27 pm, edited 1 time in total.


Flossy1978
Posts: 1386
Joined: Tue Oct 09, 2007 3:38 pm

Re: Lawyer

Post by Flossy1978 » Mon Jul 17, 2017 4:57 am

Sori,had to delete
Last edited by Flossy1978 on Mon Jul 17, 2017 1:26 pm, edited 1 time in total.


betelgeuse
Posts: 2621
Joined: Thu Aug 29, 2013 1:24 am

Re: Lawyer

Post by betelgeuse » Mon Jul 17, 2017 10:52 am

Flossy1978 wrote: My ex claimed firstly he could afford the mortgage payments, I couldn't. So our child and I had to leave. Then he held me hostage by saying the house need a lot of work done to it and the mortgage was more than the value of the house. Now he holds me hostage by saying no Court will make him sell because he hasn't got a job. That still the mortgage is more than the cost of the house. That the bank will never agree to letting my half of the loan be sold to him.
Based on the information given why would you trust anything he says? I would not expect him to know the legislation or relevant court cases. Fyi the relevant section does not have a hardship exception but I am not familiar with the court cases related to forced selling so I can't rule out that it would be based on some other Act. To me this sounds like he bets on your barrier to go to court being too high and him knowing that it's the only way for you to get your name off.


Flossy1978
Posts: 1386
Joined: Tue Oct 09, 2007 3:38 pm

Re: Lawyer

Post by Flossy1978 » Mon Jul 17, 2017 1:25 pm

I think so too.

He plays on my fears and seems to be quite an entitled bully. Especially since I don't live there. And he has learned over the years he has all the rights.

But now I have a lawyer and it is time to end this. Enough is enough.


AldenG
Posts: 3333
Joined: Wed Apr 29, 2009 3:11 am

Re: Lawyer

Post by AldenG » Mon Jul 17, 2017 2:02 pm

Flossy1978 wrote: But now I have a lawyer and it is time to end this. Enough is enough.
:thumbsup:
As he persisted, I was obliged to tootle him gently at first and then, seeing no improvement, to trumpet him vigorously with my horn.


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