THE GREAT DIVIDE REPLY

[js1218]

In response to reply to explain further. I own a home with my ex-girlfriend. We have a joint tenancy deed. We are both on the mortgage. I no longer live there. She still resides in the home. She can not qualify for re-financing due to bad credit. We can not come to a division agreement. I want to sell the home because she is not keeping the loan in good standing therefore damaging my credit. She still wants to live there. The house has about $35,000 in equity. I owe her $18,000 from an unrelated civil judgement. If I file a partition suit against her is there any way she can block it? Can she use that unrelated judgement against me in this matter? For example, can a judge order me to keep the mortgage open so she can live there? I'm not concerned about the equity in the home. I just want to separate myself from her and the mortgage. Also, if I file a partition suit and she doesn't appear in court, can that delay the process?

 

[HomeGuru]

I do not see any grounds that she would have to hinder, delay or stop a partition action. The civl judgement will not be used as an excuse because she wil get credit for the face value if she buys the property or get paid this amount on a sale to an outsider.
On a partition action, if she does not appear in court, the judge would grant the motion due to no objections.