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I need a partition action filed and a default set aside. Do I need a divorce attorney or a family law attorney to help me?

Vista, CA |

I have an ex that I bought a home with that's attempting to take the home from me now. She filed a complaint which I didn't get and now I have a default filed that needs to be set aside. I also need assistance in getting her off the title or making sure I get my fair share of the home's value.

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Attorney answers 4


It is not clear what the action filed was. To file an action in civil court, personal service is required. So, someone would have to make a declaration that you were personally served. You want to engage a real estate attorney if it is not pursuant to the divorce. Divorce and family law attorneys are usually one and the same person, but not always so, and it is possible that this action was with respect to your property settlement agreement. There would not be personal service, as this is an existing action - you should talk to the attorney who represented you or engage competent counsel if you handled the divorce without counsel previously.

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What type of action did she file? Was the property apart of your divorce settlement. Depending on the answer to these questions will determine the type of attorney you should consult.

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Partition actions are generally before the civil court which can be complicated. Set asides are in family court and, again, are complicated. You question is do you need an attorney? I believe you do. Best of luck.

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For setting aside a judgment, you have to prove extrinsic fraud. There is also time limit for you to do so. Go to a real estate attorney. Edward C. Ip

No attorney / client relationship established. The answr is for discussion and general information only. The lawyer had not reviewed any documents or contract prior to the above comments.