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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33790
Experience:  15 years real estate, Realtor. Landlord 26 years
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Is it likely that I win a case ownership of a house, if i

Customer Question

Is it likely that I win a case for sole ownership of a house, if i have an order of protection against the other party; and he has been gone for a year?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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When you say "sole ownership" do you mean sole possession or actual legal ownership of the property?

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Is the other party listed as a co-owner on the deed to the property?

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thanks

Barrister

Customer: replied 1 year ago.
Actual ownership and yes he is the co owner. The property was purchased for 4,500. I paid 4,650 with fees and he paid 350.
Customer: replied 1 year ago.
I have been living in the house for 2 years with my children and my father just recently moved in because I was afraid for things my ex could do.
Expert:  Barrister replied 1 year ago.

Ok, if he is on the deed with you, then no, I don't think you would win a case for sole ownership of the property because you can't dispossess someone of legal ownership of a property interest due to them physically leaving and having an order of protection against them.

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You could file a partition lawsuit against him to have a judge order a sale of the property at public auction, and then bid on it along with the public to essentially buy out his interest in it with the proceeds of any sale being divided between you as co-owners.

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But to be honest, considering the amount involved here, it likely wouldn't be worth the cost of hiring an attorney to pursue this in court as it would cost as much as the entire amount you paid.

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The other way to gain sole ownership would be to see if he would agree to sell you his interest and execute a quitclaim deed transferring his interest over to you. But again, this may be problematic if there is an order of protection against him and he refused to do so..

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barister

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