Posted on: 06th Jun, 2012 08:06 am
hi,
i have been reading a lot about partition lawsuits as i believe this is the way to go. my only reservation is that i quick claim deeded the house to my ex.
my story is that i purchased a house with my now ex girlfriend and after two short years we split up and she wanted to keep the house. i gave her the oppourtunity to refinance and that didnt happen, still dont know why, then she got behind on the mortgage to the point where we were going into forclosure. we figured for her keep the house i would quick claim the house to her and she would modify for a year and she would refinance at that point. just before the modification paperwork was to be filed she lost her job didnt tell me and we lost the modification. she has been unemployed since and stoped all contact with me.
we are now in forclosure but who knows how long that will take to go through. my credit is already wrecked from this and the house is of course not worth what we paid for it so i am willing to deed in lieu back to the lender.
problem i see is now that i am just the co borrower on the mortgage and not on the deed can i file a partition suit against her to compel her to deed in leiu to the lender?
i have been reading a lot about partition lawsuits as i believe this is the way to go. my only reservation is that i quick claim deeded the house to my ex.
my story is that i purchased a house with my now ex girlfriend and after two short years we split up and she wanted to keep the house. i gave her the oppourtunity to refinance and that didnt happen, still dont know why, then she got behind on the mortgage to the point where we were going into forclosure. we figured for her keep the house i would quick claim the house to her and she would modify for a year and she would refinance at that point. just before the modification paperwork was to be filed she lost her job didnt tell me and we lost the modification. she has been unemployed since and stoped all contact with me.
we are now in forclosure but who knows how long that will take to go through. my credit is already wrecked from this and the house is of course not worth what we paid for it so i am willing to deed in lieu back to the lender.
problem i see is now that i am just the co borrower on the mortgage and not on the deed can i file a partition suit against her to compel her to deed in leiu to the lender?
Hi hosephnj!
Welcome to forums!
Unless you're one of the owners of the property, you won't be able to initiate a partition lawsuit. You can ask your ex to add your name to the property deed. Once that's done, you will be able to initiate the partition lawsuit.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
Unless you're one of the owners of the property, you won't be able to initiate a partition lawsuit. You can ask your ex to add your name to the property deed. Once that's done, you will be able to initiate the partition lawsuit.
Feel free to ask if you've further queries.
Sussane
Welcome hosephnj,
Sussane is right. Unless your name is mentioned on the property deed, you won't be able to file a partition lawsuit. You're not the owner of the property.
Sussane is right. Unless your name is mentioned on the property deed, you won't be able to file a partition lawsuit. You're not the owner of the property.