Co-Owner Wants Out

Guest

Hi all,
I live in the state of Florida.
I am disabled and canNot afford an attorney. I've contacted legal aid but was told by them that they only assist in child support, custody & divorce cases not real estate.
Unfortanatly for me I made the big mistake of purchasing a home together with my now ex-partner, (we both still currently reside in the same house).
I need to remove my name from the mortgage in order to move to a low income apt but my ex refuses to sell, buy me out or re-finance. From what I have read my only option is to take her to court for a partition law suit.
We purchased the house with a FHA loan for $71,000.00 in 2001 our current balance with the mortgage company is approx. $60,000.00
I would greatly appreciate any help/advice on how to actually file a Partion, the costs and the procedures for it.
BTW, I do need my 1/2 of the money of the sale of the house to relocate.
Thanks in advance,
VH

hoppymerlin · Joined: 23 Dec 2009 Posts: 2 1.31 Dollars($)

VH ...
Where in Florida do you live? Legal aid here in Broward assists with real estate ... there might be another program near you.

adonis · Posted: Wed Dec 23, 2009 8:54 pm Post subject:

Welcome VH,

It is true that as your ex does not want to refinance or buy you out, your only option here is to go for a partition lawsuit. These lawsuits are best handled by an attorney. Once you file the lawsuit, the court will judge the whole situation and then order the sale of the property. Once the property is sold off, the mortgage will be paid off first and the remaining amount, if any, will be divided amongst both of you. In order to file the lawsuit in a proper way and get a judgment in your favor, it's better to consult an attorney.

Guest

Hoppy I live in Polk County, Florida (where legal aid informed me they couldn't help me with my Real-Estate matter). Thanks.

Guest

Thanks for your help Adonis.
Do you think that maybe a cheaper route for me to go would be with a Mediator or Arbitrator...as opposed to a court judge? A Real-Estate lawyer quoted me a price of $2,000.00 to handle my whole case but couldn't guarantee a win result in my favor.

Guest

VH ...

I'm not sure which legal aid service you contacted in Polk County.

This website lists that they assist with home ownership issues:

frls.org

They have an office in Lakeland.

Best of luck
hoppymerlin

Guest

Sorry, it wouldn't let me post the full link, but if you click on "client" services you will see home ownership listed ... and under the "about" tab they list an office in Lakeland

VickyHill · Joined: 05 Dec 2008 Posts: 3 2.21 Dollars($)

Thanks a lot for your help Marie I will be calling the Lakeland office right away and hope fully they can help me.
Will keep everyone posted on what they tell me.
Merry Christmas to everyone ☺

VickyHill · Joined: 05 Dec 2008 Posts: 3 2.21 Dollars($)

Thanks to everyone for the great advice and assistance, I really appreciate it.
As, I mentioned in my last post I would keep you all updated on my situation.
Well, so far I have tried Polk County, Florida Social Services (863) 533-7761 (no answer/no voicemail to leave a message either). But, I will keep trying.
Haines City Florida Community Services (863) 422-3660 (the number has been disconnected).
Pro Bono Service Lakeland, Florida office Fla Rural Legal Servives (863) 688-7376 per the person that answered the phone: "They do NOT assist with Real Estate matters".
Florida Dispute Resolution Center Tallahassee Mediators (904) 921-2910 (the number has been disconnected).
American Arbritation Assoc. in Orlando, Florida (407) 648-1185 they refered me to the Fl Bar 1-800-342-8011 which in turn refered me to a lawyer that charges regular/normal fees.
So, basically there is NO legal help for a disabled person like myself on a very fixed and limited income for realestate.
WOW INCREDIBLE!!!! Shocked

gmakerley · Posted: Wed Dec 30, 2009 11:36 am Post subject:

vicki, i'd say now that just for the heck of it, call your state attorney general's office. they may have some special insight.

Posted: Wed Dec 30, 2009 2:31 pm Post subject:

Thanks I will give that a shot on Monday.

Also, just out of couriosity I was wondering if anyone could let me know, if it seems like I can't sell my house or get my half because I can't find an attorney if any mortgage brokers/lenders think I might have a chance of qualifying for a loan (even if it's just for down payment for a Manufactured Home)? I figured maybe this is another option that I might have to get out of my house.

I have a second question: Since I receive s.s. disability I have never filed for income taxes but the other co-owner has. But when I asked how much money did he get when he filed for claiming the interest or taxes we've payed for the last ten years he has always answered that he has never claimed the house.

Is there any way that I can find out if that is true or not? Or can I file for that myself?

Thanks.

adonis · Posted: Wed Dec 30, 2009 10:42 pm Post subject:

Hi Guest,

If you have a good credit score and income and satisfy the other required criteria for the mortgage, then you can get a mobile home loan. However, if there is a foreclosure or any other negative item listed in your credit report, then it will be difficult for you to qualify for a loan.

You should note that the social security income is taxable for about 1/3rd of the people who are receiving this benefit. You can check out the given link for further information on taxes payable on social security income: http://www.socialsecurity.gov/pubs/10035.html . You can get the information under the heading "Your benefits may be taxable". As far as I know, income tax details of a person are considered as a private information and is not shared with anyone else. In this case, you will not be able to know whether or not the co-owner claims the deductions unless he gives you the information.

gmakerley · Posted: Thu Dec 31, 2009 9:06 am Post subject:

unless you can find those tax returns, i don't believe you'll have any access to them. the only other way i think you'd get access is if a court ruled on that in your favor. but that's a big stretch, i guess.

i suppose you could file returns to claim home expenses and get that benefit, but i'd check with the irs first. you can always file taxes in your case, and it may be beneficial because you may be losing out on deductions/exemptions/refunds that you might ordinarily get.

you may want to discuss your whole tax situation with the irs itself or a cpa.

gmakerley · Posted: Thu Dec 31, 2009 9:06 am Post subject:

let me amend that last word: instead of "cpa" read "tax advisor."

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