Partition Action- Joint tenant
My mother is going through a difficult time dissolving a partnership in which they co- own a house together. Her partner does not want to sell the house, but is not doing anything to finance the house himself. He cannot afford to pay the full morgage, and is basically expecting my mother to leave and give him the house. In the past she has left for months while traveling for work and sent money home to pay the morgage-only to return to it in near forclosure due to non-payment. He cannot be trusted. My mother does not want to stay in the house any longer. However, she was informed of abandonement rights in which if she left he could legally take over the house after a certain period of time. They are not married but have been living together for over ten years. My mother is afraid to seek professional counseling on account of possible exhorbitant lawyer fees.What is the best plan of action for her to seek assistance in resolving this matter- the quicker the better. She needs to leave this situation. It is unhealthy.
Re: Partition Action- Joint tenant
If your mother is on title, then as long as the mortgage and property taxes and insurance are being paid, no one can take the house without her consent, regardless of whether she is living there.
To force a sale and be paid out her interest, she can file a partition action.
Of course, he can do the same thing.
Unfortunately, the issues can quickly become complicated, and attorneys who understand real property rights are generally expensive. In addition, partition suits are expensive because of the nature of costs involved.
If she wants out of the house and wants to sell, she should consider an attorney who will handle a partition action on a contingency. We have attorneys that do suits such as that, given the right set of facts.
Call or email if you need additional help.
Good luck.
Re: Partition Action- Joint tenant
If your mother is on title, then as long as the mortgage and property taxes and insurance are being paid, no one can take the house without her consent, regardless of whether she is living there.
To force a sale and be paid out her interest, she can file a partition action.
Of course, he can do the same thing.
Unfortunately, the issues can quickly become complicated, and attorneys who understand real property rights are generally expensive. In addition, partition suits are expensive because of the nature of costs involved.
If she wants out of the house and wants to sell, she should consider an attorney who will handle a partition action on a contingency. We have attorneys that do suits such as that, given the right set of facts.
Call or email if you need additional help.
Good luck.
Re: Partition Action- Joint tenant
If your mother is on title, then as long as the mortgage and property taxes and insurance are being paid, no one can take the house without her consent, regardless of whether she is living there.
To force a sale and be paid out her interest, she can file a partition action.
Of course, he can do the same thing.
Unfortunately, the issues can quickly become complicated, and attorneys who understand real property rights are generally expensive. In addition, partition suits are expensive because of the nature of costs involved.
If she wants out of the house and wants to sell, she should consider an attorney who will handle a partition action on a contingency. We have attorneys that do suits such as that, given the right set of facts.
Call or email if you need additional help.
Good luck.
Re: Partition Action- Joint tenant
If your mother is on title, then as long as the mortgage and property taxes and insurance are being paid, no one can take the house without her consent, regardless of whether she is living there.
To force a sale and be paid out her interest, she can file a partition action.
Of course, he can do the same thing.
Unfortunately, the issues can quickly become complicated, and attorneys who understand real property rights are generally expensive. In addition, partition suits are expensive because of the nature of costs involved.
If she wants out of the house and wants to sell, she should consider an attorney who will handle a partition action on a contingency. We have attorneys that do suits such as that, given the right set of facts.
Call or email if you need additional help.
Good luck.
Re: Partition Action- Joint tenant
If your mother is on title, then as long as the mortgage and property taxes and insurance are being paid, no one can take the house without her consent, regardless of whether she is living there.
To force a sale and be paid out her interest, she can file a partition action.
Of course, he can do the same thing.
Unfortunately, the issues can quickly become complicated, and attorneys who understand real property rights are generally expensive. In addition, partition suits are expensive because of the nature of costs involved.
If she wants out of the house and wants to sell, she should consider an attorney who will handle a partition action on a contingency. We have attorneys that do suits such as that, given the right set of facts.
Call or email if you need additional help.
Good luck.
