What is the name of your state (only U.S. law)? TN
I am a co owner of a home, on the mortgage, also on title as JTWROS.
House bought in 2004, I moved out in 2005, other owner agreed to re-finance or sell within a year, neither agreement took place.
In 2006 I filed a partition suit, the co owner never followed the court orders, hired & fired several different lawyers, the case was drug out over more than a year with no resolution, not to mention expensive, I eventually dropped the case frustrated like there was no end.
Since then the home has been in foreclosure 4 times, also the mortagage has been 120+ days late since the day I moved out so my credit is shot. Last week I received a notice from the Bankruptcy court in TN that the other owner has filed CH 13 and is asking for 5 years to pay back the 36k that is in arrears.
So as I see, there is still going to be no end in sight for me. He obviously is not going to get my name off the mortgage or sell & move out.
What can I file in CIVIL court or whatever court to request access to my half if the house? I either want to reside in my half or rent out my half. However he has changed the locks, since I moved & will not give me access peacefully.
PS, I went over this past weekend & tried to drill off the locks & change them myself (seeing that it is my house too) but he called the police & the police said I have to go to court & ask a judge to order the other owner to allow me access?
Please let me know how to get access.
I am a co owner of a home, on the mortgage, also on title as JTWROS.
House bought in 2004, I moved out in 2005, other owner agreed to re-finance or sell within a year, neither agreement took place.
In 2006 I filed a partition suit, the co owner never followed the court orders, hired & fired several different lawyers, the case was drug out over more than a year with no resolution, not to mention expensive, I eventually dropped the case frustrated like there was no end.
Since then the home has been in foreclosure 4 times, also the mortagage has been 120+ days late since the day I moved out so my credit is shot. Last week I received a notice from the Bankruptcy court in TN that the other owner has filed CH 13 and is asking for 5 years to pay back the 36k that is in arrears.
So as I see, there is still going to be no end in sight for me. He obviously is not going to get my name off the mortgage or sell & move out.
What can I file in CIVIL court or whatever court to request access to my half if the house? I either want to reside in my half or rent out my half. However he has changed the locks, since I moved & will not give me access peacefully.
PS, I went over this past weekend & tried to drill off the locks & change them myself (seeing that it is my house too) but he called the police & the police said I have to go to court & ask a judge to order the other owner to allow me access?
Please let me know how to get access.
