• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

How do I force sale of a home?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Jc2580

Junior Member
What is the name of your state (only U.S. law)? Washington
My step father and I bought a $330,000 home with him in October 2014. I put down $5000 and he put down $10,000. We shared the mortgage payment 3 ways with another family member, $700 each. In July 2015, my step father made the home uninhabitable and I was forced to move.
I continued to pay $700 per month through October 2015. By that time, my step father had acquired multiple roommates to cover the mortgage payment. My credit to debt ratio is tied up with this house I can no longer live in and my former step father refuses to agree to sell it. An attorney told me I need to file a partition action to force sale of the house. Attempting to write the pleadings for the civil action is almost overwhelming. An attorney wants $9000 to help. Is it possible to find help or an attorney that would enter into contract to be paid with a percentage of the proceeds of the sale of the home? Thank you.
 


justalayman

Senior Member
It's unlikely you will find an attorney willing to accept a percentage of the proceeds.

With the small amount paid as a down payment, unless the market in your area has been appreciating very rapidly there is likely no equity in the home. On top of that it will cost thousands of dollars to partition the property. Since partitioned properties are auctioned the selling price is likely to be less than if it was sold as a typical home is. Auctions usually bring "fire sale" prices. Of course the auctioneer gets a cut as well. You could actually end up having to pay money to dump it.
 

John Se

Member
file suit

You should be able to file your suit for less than 9000, they will then have to respond and/or/ begin to settle, or choose to spend their own money to fight. Go from there. Keep looking for attorneys. And since you have been ousted you are entitled to your portion of any rents received.
 

tranquility

Senior Member
You should be able to file your suit for less than 9000, they will then have to respond and/or/ begin to settle, or choose to spend their own money to fight. Go from there. Keep looking for attorneys. And since you have been ousted you are entitled to your portion of any rents received.

The OP wrote:
my step father made the home uninhabitable and I was forced to move.

That seems a l-o-n-g stretch to reach ouster. While more information is needed to know what he meant, it seems like more of the OP's choice because conditions were unpleasant over being denied possession. Heck, if uninhabitable means trash was left everywhere and a house of cats that felt all rooms a toilet, it seems more waste than ouster.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top