Partition of Real Property

[SoTampa]

Hello and I thank you in advance for your time. My dilemma is this: I am suing my ex-fiancé for the partition of the home we purchased together. We bought the home together 3 1/2 years ago and our relationship went sour and he asked me to move out. For 1 year, I begged and pleaded with him to simply refinance and have my name removed from the mortgage, but out of spite, he refused. I since filled a suit seeking partition and after countless letters back and forth - he wanted ME to pay HIM to basically walk away giving him everything. Huh! After I refused, he has now filed a counter-suit against me. Why would he counter-sue me? I am so confused, maybe he just cannot qualify for credit reasons?! I guess my question is if he indeed cannot qualify then can I just assume the loan myself against his vengeful wishes? I know that if the house is sold, we will both loose (financially). What do you recommend that I do? Again, I thank you for your time.

SoTampa

 

[SoTampa]

P.S. We are owners 50/50 on mortgage and deed. I live in the state of Florida.

 

[HomeGuru]

Please use a good attorney.

 

[SoTampa]

With all due respect, can you give me any inight at all? I don't mean to be a pest, I am just looking for possibilities if nothing else.

 

[HomeGuru]

What is your one main brief question?

 

[SoTampa]

I guess my question is is it standard practice for someone to counter-sue for the same thing that they are being sued for, such as a partition? Have you ever heard of such thing? My main question is if I can qualify (financially) to assume the mortgage and he cannot, can he hinder me from doing so? Thank you agian for your advise.

 

[HomeGuru]

I'm still confused. I'm from up north in Jacksonville. I have a hard time understanding Tampa dialect.

 

[SoTampa]

I do not see what is so "difficult" to understand about my question.

 

[HomeGuru]

Then accept the no response response.

 

[SoTampa]

thanks, you've been oh so helpful

 

[HomeGuru]

You're welcome, I'm sure.

 

[pinenedle1]

It would appear that the Home Guru is not well versed in real estate law.

 

[pinenedle1]

It would appear that the Home Guru is not well versed in real estate law.

 

[SoTampa]

Guru,

Why you have been so rude is beyond me. I read through various other questions for a couple of weeks before posting my question and I made sure that I was "minded my P's and Q's" seeing how you have treated some of the other posters, but obviously, it did no good. I don't know why you choose to be this way, but it is very unprofessional. I will refrain from stooping to your level, so I'll leave it at that. So long.

 

[pinenedle1]

Simular situation in California. First try for one party or the other to buy the other 50% of the equity. If an agreement cannot be reached, then a partition action can be filed through the court system. Partition action means that one of the owner parties wants their share of the equity, and/or control, and the other parties will not budge as far as making any sort of sale/deal is concerned. an agreement cannot be reached. Filing for a partition is a request to have the property sold through the court system, and all parties then split the proceeds from the sale according to vested interest. A partition action can take many months, or even years to complete, and should only be used as a last resort. Most often one party or the other will give in rather than spend alot of money and time dealing with the partition action. Best advise is to get a real estate lawyer to help with the filing. good luck.