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partition suit threat from attorney

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Icon Mini Profile largo





Joined: 05 Sep 2009

Posts: 3

1.90 Dollars($)
Post Posted: Sat Sep 05, 2009 2:25 pm    Post subject: partition suit threat from attorney
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After being divorced for 2 yrs, my ex husband and I purchased a house together (not the best decision, we had kids and thought it would work to live in the same house until they were older....wrong!) Both of our names are on the mortage, we have lived in the house 12 yrs. I put a $30,000.00 down payment on the house when it was purchased. He has moved out of the house and left me with all the bills. Originally, I contacted a real estate agent to sell the house, she gave me an estimate of profit for $33,000.00. Now the ex husband has been to an attorney and is threatening a partition suit, because he wants me to either sell or buy him out. Since I paid the down payment with my money and we are only going to make about the same amount about back when it is sold, are the courts going to force me to pay him half of the equity. If you substract my $30,000.00 down payment, it will probably only leave $3,000.00. I would gladly give him $1500.00 to get out of my life! His attorney is also stating that I would need to sell all the possession in the house and give him half of the money. Most of what is in the house was paid by credit cards that in my name only. What a mess!!! Help!
Icon Mini Profile smithsussane
smith.sussane




Joined: 18 Sep 2008

Posts: 10020
Location: Alaska
917.78 Dollars($)
Post Posted: Sun Sep 06, 2009 11:25 pm    Post subject:
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Hi largo!

Welcome to forums!

If he files for the partition lawsuit, the court will decide about selling off the property. In that case, the profit will be divided between both of you once the mortgage dues are paid off. He has given you the buy out option. You should negotiate with him and buy him out so that you are able to sell off the property. If you are unable to negotiate yourself, contact a lawyer and he can help you in this regard.

Feel free to ask if you've further queries.

Sussane
Icon Mini Profile largo





Joined: 05 Sep 2009

Posts: 3

1.90 Dollars($)
Post Posted: Thu Sep 10, 2009 3:53 pm    Post subject: partition suit threat from attorney
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I have contacted an attorney and I'm waiting to see if both of our attorney's can negotiate an agreement. I still wondering what the courts will think about the fact that I put the money up for the downpayment on the house. If I sell, would I be given my downpayment back off the top and then we would split the balance of the profit. Also, I have been reading all the posts about partitiion suits and it seems that the person that files the suit is entitled to recoup legal fees from the sell profits. What if there are not enough profits to reimburse his attorney and what about my attorney fees? My lawyer has been out of town and is asking his attorney for a week to discuss the issues with me. My attorney sent his attorney a letter and mentioned that 100% of the downpayment was made by me. Would his attorney advise his client that I would be entitled to recouping my downpayment costs at the time of sell? Has anyone been through this that has a happy ending story.... I need a little encouragement! Ha!
Icon Mini Profile jameshogg
jameshogg




Joined: 20 Dec 2005

Posts: 10148
Location: Nevada
941.94 Dollars($)
Post Posted: Thu Sep 10, 2009 10:55 pm    Post subject:
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Hi largo,

I do not have a personal experience about partition lawsuits. But I think, it would be the attorney's discretion as to what he would advice his client. As you have paid 100% down-payment for the mortgage, I think you're entitled to get it in full when your property is sold off. Your attorney should inform the court about this and get the judgment in your favor.

Thanks
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