Partition of marital home on finalized divorce - how to proceed?

[looking4peace]

What is the name of your state (only U.S. law)? Florida

My divorce was finalized a year ago, however my friend is also on the deed of the marital home because the friend helped us in financing for the house. So the deed has myself, my former spouse, and the friend, but the mortgage note is just with myself and the friend.

In the final judgment, the judge ruled the following:

An indispensable third party was not joined to the lawsuit even though they are one of the owners of the former marital home. Therefore, the Court denies the partition action with no prejudice to the parties to file a separate action for partition.


Does the statement above mean that I need to file a civil (not family law) partition action to get my spouse's name off the deed? Or should I file a motion to add my friend's name to my finalized divorce lawsuit, and then file for reconsideration or something so that the partition action of the house can be heard again, but this time with my friend's name on the lawsuit? the judge could not rule on before because the third party was not on the lawsuit.

Mortgage rates are still favorable so I would like to get my spouse's name off the deed so that I would be able to refinance the house....

Please advise... thank you.

 

[LdiJ]

What is the name of your state (only U.S. law)? Florida

My divorce was finalized a year ago, however my friend is also on the deed of the marital home because the friend helped us in financing for the house. So the deed has myself, my former spouse, and the friend, but the mortgage note is just with myself and the friend.

In the final judgment, the judge ruled the following:

An indispensable third party was not joined to the lawsuit even though they are one of the owners of the former marital home. Therefore, the Court denies the partition action with no prejudice to the parties to file a separate action for partition.


Does the statement above mean that I need to file a civil (not family law) partition action to get my spouse's name off the deed? Or should I file a motion to add my friend's name to my finalized divorce lawsuit, and then file for reconsideration or something so that the partition action of the house can be heard again, but this time with my friend's name on the lawsuit? the judge could not rule on before because the third party was not on the lawsuit.

Mortgage rates are still favorable so I would like to get my spouse's name off the deed so that I would be able to refinance the house....

Please advise... thank you.

If everyone agrees, you, your ex and the third party, then there is no need to file anything in court. You simply refinance and your ex (and perhaps the third party as well) sign quit claim deeds at the closing table.

 

[Zigner]

...and if everyone doesn't agree, then the court has already given you direction by telling you to file a separate partition action.

 

[looking4peace]

...and if everyone doesn't agree, then the court has already given you direction by telling you to file a separate partition action.

My spouse is unwilling to agree to quit-claim

In regards to this separate partition action, how should I go about it? I would like to understand what I should file in what court? Is the partition action in family court or civil court or some other court?

 

[Zigner]

My spouse is unwilling to agree to quit-claim

In regards to this separate partition action, how should I go about it? I would like to understand what I should file in what court? Is the partition action in family court or civil court or some other court?

It would be done in civil court. You will want to consult with an attorney.

 

[Silverplum]

My spouse is unwilling to agree to quit-claim

In regards to this separate partition action, how should I go about it? I would like to understand what I should file in what court? Is the partition action in family court or civil court or some other court?

http://real-estate-law.freeadvice.com/real-estate-law/real-estate-law/sale-of-jointly-owned-property.htm

 

[Ohiogal]

My spouse is unwilling to agree to quit-claim

In regards to this separate partition action, how should I go about it? I would like to understand what I should file in what court? Is the partition action in family court or civil court or some other court?

Your ex spouse? Well have you offered ex spouse money to buy out their marital portion?

 

[looking4peace]

Your ex spouse? Well have you offered ex spouse money to buy out their marital portion?

Yes, I offered my ex spouse money to buy out the marital portion, but my ex spouse is unwilling to do it I based the money on the equity of the house at the time of the separation by taking appraisal value (I could only take one almost a year after the separation and based it on that, however based on house value trend, that's actually higher than what it must have been at time of separation) minus the mortgage at the time of the separation, and I even split that in half as the money offered.

 

[LdiJ]

Yes, I offered my ex spouse money to buy out the marital portion, but my ex spouse is unwilling to do it I based the money on the equity of the house at the time of the separation by taking appraisal value (I could only take one almost a year after the separation and based it on that, however based on house value trend, that's actually higher than what it must have been at time of separation) minus the mortgage at the time of the separation, and I even split that in half as the money offered.

What is the ex's objection to being bought out?

 

[Ohiogal]

Yes, I offered my ex spouse money to buy out the marital portion, but my ex spouse is unwilling to do it I based the money on the equity of the house at the time of the separation by taking appraisal value (I could only take one almost a year after the separation and based it on that, however based on house value trend, that's actually higher than what it must have been at time of separation) minus the mortgage at the time of the separation, and I even split that in half as the money offered.

Try offering the spouse half of the equity at the time of the appraisal. You can't guess what the house was worth -- that is NOT official. Sometimes the appraisal is based on the date of the divorce.

 

[I'mTheFather]

Try offering the spouse half of the equity at the time of the appraisal. You can't guess what the house was worth -- that is NOT official. Sometimes the appraisal is based on the date of the divorce.

As I read it, OP's offer was based on the actual appraisal.

OG (or whoever knows), since the divorce is finalized, is this action no longer considered part of the divorce action? Would an appraisal at time of separation be adequate if the partition is sought a year later in civil court?

 

[LdiJ]

As I read it, OP's offer was based on the actual appraisal.

OG (or whoever knows), since the divorce is finalized, is this action no longer considered part of the divorce action? Would an appraisal at time of separation be adequate if the partition is sought a year later in civil court?

The judge specifically said that it could not be divided in the divorce because there was a third party owner on the deed.

 

[I'mTheFather]

The judge specifically said that it could not be divided in the divorce because there was a third party owner on the deed.

I understand that. Perhaps my question wasn't clear.

Will a current appraisal be required since the house was not addressed in the divorce? Will the divorce guidelines of appraisal at separation be upheld in a civil suit?

I think not (to 2nd question), but would like to know for sure. If not, then OP may have to settle for a larger chunk going to the ex.

 

[Ohiogal]

I understand that. Perhaps my question wasn't clear.

Will a current appraisal be required since the house was not addressed in the divorce? Will the divorce guidelines of appraisal at separation be upheld in a civil suit?

I think not (to 2nd question), but would like to know for sure. If not, then OP may have to settle for a larger chunk going to the ex.

They would need another appraisal more current. OP screwed up by not also suing the third owner of the house -- interpleading them -- during the divorce -- in order to have this settled.