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Partition questions

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smileycj1

Guest
What is the name of your state?What is the name of your state? California.

Hello, I am writing on behalf of my mom, who divorced my dad about 18 years ago. A stipulation in their divorce was that they must sell a jointly-owned rental home and split the profits. My mom has periodically written letters to my dad saying she is interested in selling the house. He has refused to sell it. The value of the home is around $430,000, with less than 30,000 owed on the mortgage. My dad collects 1200 dollars rent each month, none of which goes to my mom.

Now my mom wants to buy a second home, using money she would collect if they sold their jointly owned home. So I have a few questions.

1. If she filed an action for a partition, do you have any idea how long this issue would take to get resolved? (How long before the house would go on the market? do these things have a tendency to drag on for over a year?)

2. Since the divorce states they must sell the house, can she just go to court and get an order for him to put it on the market, and if so, is this the same thing as a partition?

3. Is she entitled to see any of the rent money from past years?

4. Can she sell her interest in the house to anybody she wants if my dad cannot buy her out?

Thank you so much, we are quite new at this. I did do a search but I wanted these particular questions answered. Thanks a lot!
 


HomeGuru

Senior Member
smileycj1 said:
What is the name of your state?What is the name of your state? California.

Hello, I am writing on behalf of my mom, who divorced my dad about 18 years ago. A stipulation in their divorce was that they must sell a jointly-owned rental home and split the profits. My mom has periodically written letters to my dad saying she is interested in selling the house. He has refused to sell it. The value of the home is around $430,000, with less than 30,000 owed on the mortgage. My dad collects 1200 dollars rent each month, none of which goes to my mom.

Now my mom wants to buy a second home, using money she would collect if they sold their jointly owned home. So I have a few questions.

1. If she filed an action for a partition, do you have any idea how long this issue would take to get resolved? (How long before the house would go on the market? do these things have a tendency to drag on for over a year?)

2. Since the divorce states they must sell the house, can she just go to court and get an order for him to put it on the market, and if so, is this the same thing as a partition?

**A: since the divorce decree mandates a sale, there is no need to file a separate partition action. The lawsuit to order the sale will do that.
********

3. Is she entitled to see any of the rent money from past years?

**A: possibly
*****

4. Can she sell her interest in the house to anybody she wants if my dad cannot buy her out?

**A: yes, but who would buy her interest.
*********

Thank you so much, we are quite new at this. I did do a search but I wanted these particular questions answered. Thanks a lot!
**A: ok, good luck.
 

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