I am estranged from my mother and she is very bitter. She and my dad helped me purchase my first condo. It was for $475K. I put down $115K, $200K was a gifted amount as a present from her and my dad to buy my first home, and she fronted the other $160K of her own money to which I was to pay her back i.e. buy her out in that amount ($160K) when I could. I want to sell and she is now trying to extort more money from me. My condo is now worth $825K. Boston market is hot. Can I partition so she only gets her $160 (which is what I can prove in emails I owe her), while I get the rest. It is MY condo, she only has $160 in it, not so much a percentage, but now she is trying to extort the sale saying if I don't give her more she wont let me sell it. She has millions and this was my investment baby. Can I partition so that she only gets what is owed to her and I get the rest? And since she wont agree to the equitable agreement we made, can I request reimbursement on the commissioner fees and sale fee's etc since she is liquidating my profit in the sale of MY condo because I wont have a relationship with her and she wont keep the arrangement we made? I have all financial records and proof.
Changing category to real estate. In most states petition to partition forces the sale then splits the proceeds according to the deeded ownership interest.
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This does not appear to be a chapter 13 question. If you are right, the condo is has exposed equity as a homestead only protects 500k.
Given your question about partition, it appears that you are both are on the deed and you should be consulting with a real estate attorney.
I am switching you to real estate.
Wish you well
If her name is not on the deed she has no control over whether you sell it or not. And if the agreement was to pay back what she lent you with no interest that was the agreement. If her name is on the deed you can sue to partition and from what you say what is owed to her may or may not be just the amount lent (depending on the actual agreement - if it said "for x percent" or something similar iti is different. See a lawyer with a copy of the agreement.
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