Urgent Advice Pls-Partition!

[temple]

Texas. If you own a home with someone you were never married to, and they file ch 7 bk, listing the home as a homestead, making it exempt, and they are discharged.....if they move out and then sue for partition 3 years after making no payments on the home....

Does their 1/2 of the payments they have not been making get subtracted from their equity? I am the person still in the house and have been keeping the payments current since the debtor left, and he is now sueing for partition.

What happens now and how can I keep the house?

 

[Ladynred]

I hate to say this, but you REALLY need to consult a lawyer ASAP.

If he didn't reaffirm the mortgage, and I'm assuming he didn't, then HIS liability for the MORTGAGE was discharged, leaving you holding the bag for that. However, his name is still on the deed, correct ?

Whether or not you can do anything about subtracting his half of the payments he HASN'T paid from the equity is something only a lawyer would be able to wrangle.

 

[temple]

I am trying....

Talked to two today....too busy for my case....have a call into another who was in court this afternoon and left two msgs for him to call me back in the morning....as I am on day 18 w/o counsel before I have to file the answer to the partition suit....After searching and searching I have not been able to find any examples on the web for a "answer to partition", just in case (and God forbid) I am faced with writing it myself....


Any suggestions?