Equity Split

What is the name of your state? CA

My mother owned a home for 16 years. She ran into financial difficulty and we refinanced, added me to the deed as joint tenant, and I make all of the payments and taxes and association dues. I have been on the deed and made the payments for almost 3 years. We had a disagreement, my mom moved out. I said lets sell and split the proceeds and be done with it. She said she will see me in court. Can she file a "partition" without notifying me? How would a court split the proceeds in a situation like this?

[BelizeBreeze]

She OR you could file partition since both are owners. So, the main question is, why are you worried. Simply put, partition is used to either divide or sell the jointly-owned asset when the court must step in.

Since you can't likely put a chainsaw to the home, a partition for sale will be ordered and the proceeds divided (after expenses) equitably.

I am not worried, I just want to understand the process and make sure that I am not going to be blindsided.

[BelizeBreeze]

I am not worried, I just want to understand the process and make sure that I am not going to be blindsided.

In that case, why don't you visit a real estate attorney tomorrow and file your own Partition suit with costs taxed to defendant.

Get it over with.

[HomeGuru]

And make sure the attorney is not blind.

I don't understand what you mean . One of the things I want to know is, if a partition is filed will I be notified? Can she make it so that I end up with nothing?

[BelizeBreeze]

And how are we supposed to answer the second part of your question? We don't know the equity in the house, the expenses of a sale, the court costs and to whom they will be awarded or any legal fees associated with the sale.

As for your first question, yes, you will be served a copy of the lawsuit. Unless, of course, you're not a total idiot and file first.

[HomeGuru]

File first......