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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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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?
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