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


    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


    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


    fax (631)584-2304

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