Partition action - unmarried property

[rljohn]

What is the going rate for a "Partition Action" in the State of California?
How does Calif. handle common law?

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by rljohn:
What is the going rate for a "Partition Action" in the State of California?
How does Calif. handle common law? <HR></BLOCKQUOTE>

My response:

I'm having a difficult time understanding your questions - - perhaps it's just my analytical legal mind, and I'm reading more into it than I should.

However, what do you mean by "the going rate"? Do you mean fees for filing and representation by an attorney?

And, if you are referring to "Common Law" marriage in California, California is NOT a common law marriage State. California is a Community Property marriage State, requiring a real, honest to goodness, marriage with all the vows, licenses, and applications, etc.

IAAL


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[This message has been edited by I AM ALWAYS LIABLE (edited November 02, 2000).]

 

[rljohn]

IAAL-
By going rate yes I mean the cost to be represented by an attorney for this type of action.
The situation is as follows. We (my ex-girl friend/Fiance) bought a house together in 1990. We borrowed the down from my parents and have them on title to protect there intrest, the ex's parents are on title as co-signers for her.
My agreement with my ex wa that we would split all the monies dealing with the house payment,insurances, taxes and utilities 50/50. The first year we opened a joint account at the bank.The monies started coming up short from her end so I closed the account and opened my own.We never filed joint taxes, always seperate and we never purchased anything other then the house in both names.
In 92 I was hurt on the job and was on Disability until 94 at which time I had surgery. Needless to say we got behind in the payments and the house was going to be foreclosed on. I filed Bankruptcy and made an agreement with the bank to save the house. we borrowed money from family and she cashed her retierment.I started working fulltime in 95 and she had a nervous breakdown and started writting bad checks and lost her job.I helped cover her checks and we got her into treatment. She then started a new job, Social worker and was only able to cover part of her responsibilities let alone her half of the payments for the house.
I borrowed from my company twice to cover the house and back taxes and had it taken from my check.I was the one that was making double payments to get the house and taxes payed. From 1995 to the present she has not made one payment either full or partial towards the house or taxes. While working at my new job I was required to work out of state and was flying home every two weeks.In Sept. 99 I quit going home because I was fed up with the whole situation and other things going on at the house. I still made the payments because my name and my parents are on title. I got married in Tx were I now live and have a new home. I offered my ex the house.All she had to do was get it refinanced to get my and my parents name off the title. She said her friend an attorney, was going to sue me for 50,000 and the house for her time in the relationship.She then said she would settle for 25,000 plus the house so she could fix it up and sell then give my parents half of what she gets.
She is not living in the house, the water,power and phone is shut off. Her son-in-law and some other guy was living in the house and it is a mess according to my parents. She cannot afford to make the $1900. payments or utilities since she owes alot of people $$$$$.
I want to fix it up sell it( I owe 227,000- The house next door sold for 286,000)And split the money between her and my parents. If she sues me I will go for the whole house,furishings that were bought when we lived together plus fees.
I was told that a partition action by the court will force either her or me as well as my parents to buy out the other. I want this to be over with since I am paying two mortages and the house in Calif is abandoned by her. Do I need a special lawyer and what am i looking at in fees. Her attorney is grattis. They are long term friends in the Hispanic community and he was once president of the aclu and is still active with-in and was one time appointed by clnton for judgeship but did not get it.