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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 16721
Experience:  Licensed experienced Attorney
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San Diego , CA. My ex husband and I own my current residence

Customer Question

San Diego , CA. My ex husband and I own my current residence as tenants in common. The home belonged to my parents and was sold to my ex and I in 2006.there was child abuse and my ex was escorted from the residence and divorce finalized. I now live in this residence with my three children. It has been 7 years since the divorce and one previous attempt to assume the loan when it was worth face value, my income was insufficient. The value turned upside down. Today it has a small amount of equity. we would both like him removed from loan and title. Financially I can assume the loan, however, if I cannot afford to buy him out of half the proposed equity he wants to use partition action to sell the property as mentioned in our divorce decree.(if unable to mediate). My question is does partition action allow the court to sell a house out from under a family and children in this instance? Legally what are my options if possible , best advice on the matter?
Submitted: 1 year ago.
Category: Family Law
Expert:  Alex J. Esq. replied 1 year ago.
Hello. My name is***** am a US licensed attorney and I will be happy to answer your question.I am sorry to hear about this unfortunate situation.Please note, I cannot comment on your specific situation, as this services is only limited to general information and for any legal advice / legal service you should contact your local attorney.Generally, if a co-owner files a Petition / Lawsuit for Partition of the jointly owner real estate / house, then the court would generally would have two legal options, for either co-owner to buy out the other co-owner's interest / equity in the property and if that is not an option, then the court would order the house sold at an auction and any proceeds after the mortgage and any other outstanding costs paid, would be divided between the co-owners.So, generally, the best option is to attempt to reach some type of a resolution with the other co-owner, possibly by going to a mediation, in order to avoid lawsuit for partition, since the lawsuit can be costly and can essentially make both co-owners not only lose some equity due to costs, but also have the house ordered to be sold by the judge at an auction or through the judge appointing a special master to hire a Realtor to sell the house and in most cases, the house would be sold below its market value, in order to resolve the legal dispute between co-owners.Unfortunately, the fact that one co-owner might be living in the house with his / her family and minor children, would generally not prevent the court from ordering the house to be sold, if no other resolution is reached between the co-owners.I am very sorry to provide you with this bad news, but please understand that I do have professional obligation to provide customers with correct answers, even when answer is not favorable to the customer.I wish you the best of luck and God bless you!