Served with partition of real property. Am I going to lose 1/2 of the house I paid for just because ex gf is on the title?
4 attorney answers
Partition actions are tricky primarily because accounting for the money is difficult and there isnt much good case law on the subject
The good news is the market here in the sarasota tampa area continues to appreciate so you should be able to recover your money if you bought correctly
The bottom line is you need an experienced local real estate attorney!
I agree with my colleague; you can request an accounting and contribution and recoup much of your outlay; but be sure to retain a good local real estate litigator. Partition can be a lot like a really bad (contentious) divorce; surround yourself with pros
Hope this helps
gsg
This communication is not intended in any way to establish an attorney-client relationship, nor provide legal advice; it is submitted by its author simply as a general comment on the facts contained in the Question posed. NOTE: This attorney contributor is NOT actively seeking new clients.
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I agree with Attorney Deason, this is not a do it yourself type of case. You need to immediately hire an experienced real estate attorney to handle this case.
You might also consider and discuss with the attorney you hire about bringing a constructive trust lawsuit against her to attempt to claim that you made all the payments or investment. I have no idea if you will qualify for the same or not but it is worth looking into the same.
As part of the partition action, you can ask for an accounting and contribution so the expenses of the house are divided equally. However, defending a partition action is not a do-it-yourself job. You should hire an experienced real estate lawyer in your area to make sure your interest is protected.
Disclaimer: This answer is provided for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.
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