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Richard, Attorney
Category: Legal
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Experience:  Attorney with 29 years of experience.
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My daughter co-owns a house with her ex girlfriend, however

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My daughter co-owns a house with her ex girlfriend, however my daughter solely pays the mortgage. Her ex-girfriend was arrested for assalting 2 police officers during a domestic dispute. My daughter and 6 yr old granddaughter were forced to move in with us. Her ex-girlfriend is unemployed, has refused to come to an agreement about the poroperty and will not move out . She has not paid a bill. Is partition the only solution ?My daughter has already paid over $14, 000 in Mortgage payments since january with no reimbursement from her Ex-girlfriend. Is partition the only solutuion. My daughter is afraidof the costs to her.

Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good morning. Unfortunately, your daughter has only a couple of options if the co-owner will not deal with this voluntarily. The first is the suit for partition which will force the sale of the house. The second is a suit against the ex for her share of the cost of the home. With the benefits of ownership so too come the burdens. So, your daughter can sue the co-owner for her share of all the costs, including the mortgage. Then, once she gets a judgment, she can put a lien on her ex's interest in the house and then foreclose on that lien to collect her judgment...thereby gaining ownership in that manner.

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Customer: replied 4 years ago.

Will my daughter be liable for all the court costs if it goes to partition and for the balance of the mortgage if the house is sold through partition?

The costs of partition will be deducted from the sale proceeds. The mortgage will be paid from the sale proceeds. If the sale proceeds are not sufficient, then if your daughter is the only one who signed the note, she would be the one liable to the bank. If they both signed the note, they would both have liability.
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