Do I need to seek a partition?

Asked almost 2 years ago - Syracuse, NY

My former partner and I have been separated for nearly two and a half years. We own a home together that she currently lives in and pays the mortgage on. She has made several late payments which have negatively affected my credit score. I have been trying to get her to refinance the mortgage in her own name for nearly two years. She has continually put me off and is now no longer responding to any of my emails. I am unable to purchase a home of my own because my credit is caught up on this other home. I've heard that it's possible to get an act of partitian to force a refinance or the sale of the home. Is this true and can you offer any information in regards to this?

Attorney answers (3)

  1. Jeffrey Bruce Gold

    Pro

    Contributor Level 19

    Answered . You can seek a partition of the property, which essentially means that the Court appoints a referee to value and sell the house, and the Referee then puts the property up for auction, where it either sells or it doesn't. Since there are so many foreclosed houses being sold at auction, it is unlikely to bring a strong price. Typically fees run 5k to 10k, and if the house sells are usually recoverable.

    If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore,... more
  2. Michael David Siegel

    Pro

    Contributor Level 15

    Answered . You can seek a partition. It is a Supreme Court case, which ends in a forced sale. There is no way to force a refinance, but that is often the outcome of the case as a settlement. Your credit will not be cleared of this matter as a result of a case, but it will stop the continued reporting of negative information.

  3. Joseph Allen Bollhofer

    Contributor Level 12

    Answered . Yes, an action for partition and sale is your only option if she won't
    cooperate. You will likely need a lawyer.



    Joseph A. Bollhofer, Esq.

    Joseph A. Bollhofer, P.C.

    291 Lake Ave.

    St. James, NY 11780

    (631)584-0100

    fax (631)584-2304

    info@bollhoferlaw.com

    www.bollhoferlaw.com

    Member, National Academy of Elder Law Attorneys (NAELA)

    This e-mail may contain confidential or privileged information. If you are
    not the intended recipient, please notify the sender immediately by return
    e-mail and delete this e-mail and all copies and attachments. If you are not
    the intended recipient, or the employee or agent responsible for delivering
    the message to the intended recipient, you are hereby notified that any
    dissemination, distribution or copying of this communication is strictly
    prohibited.

    IRS Circular 230 Notice: Unless specifically stated otherwise, any tax
    advice contained in this communication (including any attachments) is not
    intended or written to be used, and cannot be used, for the purpose of (i)
    avoiding penalties under the Internal Revenue Code or (ii) promoting,
    marketing or recommending to another party any transaction or matter
    addressed herein.

    Unless specifically stated otherwise, this communication shall not be deemed
    to be legal or tax advice, and no attorney-client relationship shall be
    deemed to have been created.

    Unless specifically stated otherwise, this communication shall not be deemed to be legal or tax advice, and no... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

24,834 answers this week

2,813 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

24,834 answers this week

2,813 attorneys answering

Legal Dictionary

Don't speak legalese? We define thousands of terms in plain English.

Browse our legal dictionary