Ex(co owner of our home) hired an attorney to file a partition what are my options?
Girlfriend(ex girlfriend) and i are co owners of our home, we recently got into a heated argument which escalated into her saying she wanted the relationship to end and wanted me to move out, and that she spoke to a realtor about selling the house and just wanted me to sign whatever the realtor had/would be writing up as far as sale, equity, percentages, etc. We have children together so I said no I am not signing anything until we establish a co parental agreement because our kids having to deal with moving from a home they've always known and their parents separating all in one yo would be harmful for them. So, she hired an attorney and I recently got served with a demand partition suit. My question is, if my refusal to agree to sale was due to what I've described above, what are my options, consequences, right, etc?
Either co-owner normally has the right to sue for judicial partition. However, if that happens, the other co-owner(s) would normally have the right to buy out the suing party for a price set by the court (generally a percentage of the fair market value of the property, as determined buy the court).
I suggest you immediately consult a real estate litigation attorney to help you timely file a response to the lawsuit, etc. You should also consult a family law attorney about custody, support, and whether the existence of the children would somehow limit the right of your ex to sue for partition.
