Skip to main content

Do I need to seek a partition?

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

Posted

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, NY 11710 Telephone -516.512.6333 Email - Jgold@goldbenes.com

Mark as helpful

Posted

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.

Mark as helpful

Posted

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 attorney-client relationship shall be deemed to have been created.

Mark as helpful

Real estate topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics