Co-Owner of Home Disappeared 2+ Yrs Ago

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tracyleeb

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I am located in Brampton Ontario Canada. I purchased a home in 2005 with someone who was a friend at the time (the relationship was NEVER more than friendship, my boyfriend who is now my husband also moved into the house with us). Within the first year, he pulled a complete disappearing act. Left the house and just never came home. I actively tried to contact him for a few months afterwards and was told by his family not to call anymore etc. (I was threatened by them). So I stopped, figuring that I would eventually hear from him. He is a guy who has A LOT of issues, I thought maybe he was going through something and maybe just needed to get away? I did not assume it was permanent. Well, now here we are over 2 years later and I STILL have not heard from him and have NO clue as to his whereabouts.

His only investment in the home was $6,600 towards the down payment. ALL other down payment money and every single mortgage payment since day one and ALL other related expenses, plus the many upgrades made to the home since his disappearing act, have been paid for by my husband and I.

My problem, of course, is that this guys name is on the deed. Just his and my own. I want to sell my home soon and I don't know how to proceed. I CANNOT locate this person in order to speak to him. I have made numerous attempts recently. He has NOT attempted to contact me at all since leaving. And I do not feel that he is entitled to ANY of the value of my home. The fact that my husband and I covered all mortgage payments for the length of time that the guy lived in the house, I believe, should compensate for his small initial $6600 investment. He made NO other monetary contribution, despite numerous arguments over our insistence that he should. He did not pay the mortgage, property taxes, insurance, utilities – NOTHING. He lived for free in the house from August 2005 to July 2006- aside from the $6600.

I need advice PLEASE on what I can do. What are my rights? What are his? How can I proceed? I swear this guy has basically dropped off the face of the earth. This was a HUGE mistake, I have LEARNED my lesson and would NEVER endeavour to go into an arrangement like this again, believe me.
 
You should consult with a local real estate lawyer. It is difficult to remove a joint owner from title without their permission. You may be able to apply to the court for an order of partition and sale.

He's probably entitled to the $6600 he put in initially. You and your husband put in everything else, but you've also had the vast majority of the benefits of those expenses (i.e. living in the house and enjoying its improvements and increased market value). If it goes to court, you might be able to convince a judge to deduct what he would have spent in rent for the 12 months he lived there. It depends on what your agreement was at the time.
 
Thank you for this insight. I don't even know what an order of partition and sale is, but at least I now have SOMETHING I can look up and investigate so I can move forward!

This is such a rotten situation. I have been kicking myself for a long time now...
 
The Act you bring your application under is Ontario's Partition Act, http://www.canlii.org/on/laws/sta/p-4/20080821/whole.html.

It basically says that any co-owner can bring an action for partition, or for sale of the property if sale is more "advantageous". The fact that the guy might be a nutter is of no consequence - the court order will be effective against him even if he lacks capacity. You might need to get a property appraisal done before applying for the order, and demonstrate to the court that you are unable to communicate with the co-owner. The court can order that the property be sold and the proceeds to be distributed, and give you conduct of sale. Again, consult with a real estate lawyer.
 
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