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I'm on the mortgage, and my partner is only on the title;

I'm on the mortgage...

I'm on the mortgage, and my partner is only on the title; and we are splitting. I want to buy her out, but she feels that an appraisal doesn't reflect the real market value. I wanted to get an appraisal and buy her out. what are my options to me getting her off the title and compensated. We are not married.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Washington king county

Lawyer's Assistant: Has any paperwork been filed?

Paperwork for ? not married, no paperwork (not sure what paperwork would be appropriate)

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No ... I just want to buy her out at the current fair market value based on appraisal that could get bank financing rather than someone who has a lot of cash

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Answered in 1 minute by:
9/21/2017
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 42,110
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

You may also be offered a phone call, but those don’t come from me and are offered by JustAnswer. If you have requested a phone call with an attorney, your request will post to other experts that do offer this service. When another attorney accepts your request you will get additional instructions.

.

Are you both on the title or only her?

.

.

thanks

Barrister

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Customer reply replied 9 months ago
both on title, just me on mortgage

Those phone call offers are not generated by me, but rather by the JustAnswer website. I do not participate in the phone call program for the site and limit my interaction with customers only to the website because I like to have time to think about a customer’s question and research it so I can provide the best answer possible in writing.

.

However, if you have requested a phone call with an attorney, your request will post to other experts that do offer this service. When another attorney accepts your request you will get additional instructions.

.

I am more than happy to continue on the website though..

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Customer reply replied 9 months ago
At $45 per reply?

No, all follows are included at no extra charge..

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Customer reply replied 9 months ago
Okay both on title

If you are both on the title and she won't agree to a buy out price, then your recourse is to file a "partition lawsuit" against her and have a judge order a sale of the property at public auction. This is an absolute right that can not be denied. You or she or anyone else can bid on the property at the auction if you want to buy it.

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So if you can't agree on a price, that is the only way to do it and if you were the high bidder, you buy her out and would only have to pay her half of whatever surplus there is over the mortgage.

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thanks

Barrister

Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 42,110
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified
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Joycelaw
Joycelaw, Attorney
Category: Real Estate Law
Satisfied Customers: 118
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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