- May 1, 2024
- Posted by: legaleseblogger
- Category: Related News
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## The Current Situation: House Ownership and Dispute
In 2021, we jointly purchased a house with my father as a co-signer, and there is still a $100k mortgage remaining. Unfortunately, the ex-partner lacks the financial means and credit score to refinance, in addition to having no taxable income. On my end, I am unable to refinance at the moment and would prefer to sell the property to resolve the situation swiftly. However, the ex is adamant about not selling and expects me to wait potentially two more years for them to possibly secure the mortgage in their own name.
## The Legal Challenges and County Case
Complicating matters further, the property has garnered the attention of the county due to the accumulation of trash and scrap in the yard, resulting in a case opened against the ex-partner since November 2023. Despite this, there has been no effort on their part to rectify the situation. The hostile environment on the property prevents me from cleaning up the mess myself, as it may provoke a negative response from the ex.
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## Seeking Legal Recourse and Options
Given the circumstances, exploring legal avenues to compel the ex-partner to sell the property through court intervention seems to be a viable solution. Considering their financial constraints and the county’s involvement in the case, pursuing a quitclaim deed or initiating legal proceedings may be necessary to expedite the resolution. Consulting with a legal professional and leveraging the insights provided by the AI Legalese Decoder can offer clarity on the best course of action to bring this protracted situation to a close.
## Conclusion
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****** just grabbed a
> nor do they have a taxable income
Does this mean they don’t **earn**? Or don’t **report**?
> Is there anything I can legally do to get them to sell in court?
Yes. You can force a partition sale through the court. It will move things along, but you may not get the best return or sale price for the property. Not sure what state you’re in or how things work there; you’ll likely need a lawyer to pursue this.
>Is there anything I can legally do to get them to sell in court?
Yes, you can petition for a partition sale but expect hefty legal fees.
>Am I able to do a quitclaim deed or do I need to take it to court?
Probably not. Even if you could, that would be dumb because you and your father would still be responsible for the mortgage with no rights to the house.
> Is there anything I can legally do to get them to sell in court?
Yes, you go to court, and sue for a partition sale.
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Your best bet is to threaten a partition sale, and get him to agree to a voluntary sale, or him letting you buy out his share. You will both make more money that way. In a partition, legal fees will eat up money, and it will likely sell at a significant discount at auction. You will be entitled to half of what is left after legal and mortgage is paid. You will both lose, but it is better that just letting him have the house and being stuck on the mortgage.
Link I found with good into on a partition sale:
https://jonespropertylaw.com/forced-sale-of-jointly-owned-property-partition/
This is why I advise all “not married yet” couples to avoid s joint loan.
Ugh. I’m sorry this isn’t a fun situation. Quitclaim just means you’re giving him the house for $1. Don’t do that! Your only options are a partition suit, which is expensive and time consuming, or try to get him to agree to sell. Not sure what equity you have in the house but if you have some it might be worth trying to buy him out and sell it. Offer him $20K or something and see if he bites. He sounds broke so you and your dad might be able to make that work.
I had to do this, still in the middle of it. As stated, petition for partition, but you’ll need a real estate lawyer and if you can’t agree on sale terms, the court can force auction and split remaining proceeds.
This is why we shouldn’t buy houses with people we’re not married to. A divorce requires property division. Forcing a sale in court is harder, but not impossible.
You need to find out your options with a lawyer. If there is a mortgage unless you ex assume the loan or refinance, there is nothing a court can do for you other than maybe force them to sell.
The court can not force the mortgage company to do anything. So they are going to be the be-all.
You might want to check with the mortgage company also if they are having issues with the city about the home. The city can place a lien on the home fir clean up costs, and the mortgage company will step in. The worst, but maybe best for you would be let them either call the note(due on sale) or foreclosure on the home.
Right now, sorry to say, but this will be a lesson on don’t get a mortgage unless you’re married.
If your particular circumstances are just right, you could file a chapter 7 and have the trustee obtain a court order to liquidate your 50% interest in the property. This works only if you happen to owe a bunch of money to creditors that you intend to repay AND there is equity in the property itself. Additionally, you can’t do it for the primary purpose of cutting through red tape to sell the property. It truly needs to be born from a desire to repay your debt, particularly from the liquidation of this asset, and a willingness to screw over your ex in the process.
You can force a sale by law. Talk to an attorney.
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I personally would not report him to IRS just yet. If he owe back taxes, I’m sure of, and yall are both on the title, then you run the risk of the IRS placing a lein on the house as collateral. Which you then can be held liable for back taxes. Hire an attorney, this situation is a complex one so it’s best to have a professional who knows local, state, and federal law.
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