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quit claim/greater interest in property

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C

CBMO2002

Guest
missouri. i made the mistake of purchasing a home in 1999 without being married to the other party. in dec 2000 i had to press charges for assault. we now have a no contact order as part of his sentencing. both names are on the title and i have been making the payments for the last 16 months. these payments total over $ 22,000.00. i had sold my home and used the proceeds from the sale in order to purchase this home and he put nothing down nor paid anything towards the purchase of the home. he was ordered to remove his property in july and he only removed half of it. i have had my attorney send him a certified letter asking for him to sign a quit claim so i can refinance the house and move on with my life. i am tired of spending good money after bad. my question is this: if he fails to sign the quit claim deed and the matter is taken to court as a partition suit, how does a judge determine who has the greater interest in the property? i'm at my wits end. i have had to work 2 jobs just to keep above water and keep the house from going into foreclosure which i could have done but i refuse to ruin my credit just because of his unwillingness to uphold his part of the agreement. what can i do with his property? thank you in advance for your help.
 


HomeGuru

Senior Member
The Courts will want to see evidence of who paid what and how much to determine the equity positions. Obviously, you have a larger position since you paid for everything.
 

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