Posted on: 22nd Feb, 2010 09:04 pm
can i still file for a partition lawsuit if i have already signed a quitclaim deed to a house me and my ex fiance' own together? he still lives there, but i do not and he is falling behind on the mortgage payments and unable to refinance due to the delinquency.
Hi Hope,
If you have already quitclaimed the property to your ex fiance, you do not have any ownership interest in the property. Thus, you cannot file partition lawsuit and force a sale of the house. If you have any legally valid agreement with him wherein he had promised to refinance the property within a specific time, you can move to court and probably force him to sell the house.
If you have already quitclaimed the property to your ex fiance, you do not have any ownership interest in the property. Thus, you cannot file partition lawsuit and force a sale of the house. If you have any legally valid agreement with him wherein he had promised to refinance the property within a specific time, you can move to court and probably force him to sell the house.