property dispute

What is the name of your state? Indiana

My fiance still owns a house with his ex-girlfriend. She lives in the house currently. She will not let him refinance and she says she can not afford to refinance so she is getting to live in a house for half the mortgage. He has been looking for a lawyer but has been told by several that they don't know what to tell him or they can't help him.....I want this issue resolved before we get married. Is there something he can do on his own without involving a lawyer? HELP.. what can we do????

[HomeGuru]

Originally posted by indianastuck
What is the name of your state? Indiana

My fiance still owns a house with his ex-girlfriend. She lives in the house currently. She will not let him refinance and she says she can not afford to refinance so she is getting to live in a house for half the mortgage. He has been looking for a lawyer but has been told by several that they don't know what to tell him or they can't help him.....I want this issue resolved before we get married. Is there something he can do on his own without involving a lawyer? HELP.. what can we do????

**A: then it is obvious that either he has not talked to a lawyer or he has talked to idiots. He needs to hire a real estate lawyer and file partition.

I obviously know nothing about law.
can you give me a brief definition of partition and what it will force the parties involved to do....Is this something that must be settled in front of a judge?

[HomeGuru]

Originally posted by indianastuck
I obviously know nothing about law.
can you give me a brief definition of partition and what it will force the parties involved to do....

**A: do a search on this website using the search word "partition"
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Is this something that must be settled in front of a judge?

**A: yes.

thank you

[HomeGuru]

You are welcome and good luck.

my fiance has now met with a lawyer. The lawyer told him to stop paying the mortgage payment and consider filing bankruptcy.
He was hoping that by telling his ex that he was not going to pay his half of the mortgage that she would be more apt to refinance the house in her name. She will not let him refinance in his name. Now she is telling him she is going to sue him and take him to court over his half of the mortgage. At this point he is okay with the house foreclosing. Can a court force him to pay his half of the mortgage?

You mentioned Partition last time and we have read alot about it but no lawyer here in Indiana offers this as an option. Would a Partition in court force one party to refinance the house? And under Partition does there have to be positive equity in the house?

[HomeGuru]

[quote]Originally posted by indianastuck
[b]my fiance has now met with a lawyer. The lawyer told him to stop paying the mortgage payment and consider filing bankruptcy.


**A: what idiot attorney did he talk to? Good grief. Tell him to get a 2nd and third opinion. And maybe a 4th one too.
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He was hoping that by telling his ex that he was not going to pay his half of the mortgage that she would be more apt to refinance the house in her name. She will not let him refinance in his name. Now she is telling him she is going to sue him and take him to court over his half of the mortgage. At this point he is okay with the house foreclosing. Can a court force him to pay his half of the mortgage?

**A: yes, especially when the lender files foreclosure and his credit goes down the toilet. Or when the lender sells the property at a foreclosure sale, the proceeds of the sale would be used and forced payed to the lender.
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You mentioned Partition last time and we have read alot about it but no lawyer here in Indiana offers this as an option.

**A: I beg to differ. I looked in the Indiana yellow pages and went online and can locate quite a few real estate attorney's that do partition cases.
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Would a Partition in court force one party to refinance the house? And under Partition does there have to be positive equity in the house?

**A: I am purposely not going to respond to these questions to force you and him to stop playing games and find a real attorney.