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I own a house out right and I was foolish enough to put my…

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Hello I own a...

Hello I own a house out right and I was foolish enough to put my abusive partner on the deed before he started abusing me. Now I have come to my senses and I’m trying to get a restraining order and wondering how on earth I couldn’t get him off of the deed. I also am curious if the quit claim deed that he had his friend prepare is even legal. Is there anything you can do for me? What should I be doing for myself?

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

Legal aid has helped me prepare a temporary protective order but that is all and I have not filed it yet because I am a frayed that he will have me removed from my own house

Lawyer's Assistant: Where is the house located?

Kissimmee fl

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

I can’t think of anything right now

Submitted: 29 days ago.Category: Real Estate Law
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Answered in 1 minute by:
3/26/2018
Real Estate Lawyer: Loren, Lawyer replied 29 days ago
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 37,365
Experience: 30 years of real estate practice experience.
Verified

Thank you for using JA. I am Loren, a Florida licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in satisfied customer ratings. So, we should be able to work through your problem.

I appreciate your patience as I review your question. I will post my response shortly.

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Real Estate Lawyer: Loren, Lawyer replied 29 days ago

If real property is owned concurrently by two or more persons then any of the interested parties may bring an action to "partition" the property which, effectively, requests the court to physically divide or, alternatively, order the sale of the property and division of the proceeds. The action is called a Partition Action and for people with concurrent interests (currently existing) who have not "waived" the right to partition, this remedy is an absolute right. The demand for partition must be granted by the Court to such plaintiffs -- although the details of the order can vary widely. The "order" for the sale is typically an Interlocutory Judgment of Partition by Sale, either issued soon after the lawsuit is filed but sometimes not until all of the financial and legal issues are resolved.

Partition actions must be filed in the county where the property is located. Any person with an existing or future interest in the property may bring the action.

This is an equitable remedy, which means the litigation is somewhat complex. While not proceeding pro se is not legally required, it is strongly recommended you retain an attorney to move forward.

If you need assistance finding local counsel try Martindale Hubble (site rules prohibit us from referring specific attorneys). Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise:

MARTINDALE HUBBLE

It is a huge worldwide database searchable by location and specialty. The attorneys are all peer rated. So, they represent the top of the profession.

Did you have further questions? Have I answered your question? Please let me know.

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Customer reply replied 29 days ago
But I bought the house outright and he talked me into putting him on the deed while drugging me then after I did he started physically and mentally abusing me. He hasn’t paid for the house or any bills. I don’t want to sell my house
Real Estate Lawyer: Loren, Lawyer replied 29 days ago

If the deed was coerced from you through fraud, or by putting you under the influence then you may be able to petition the court to have the declared void and removed from the chain of title.

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Customer reply replied 29 days ago
How would I go about doing that? Obviously I need a lawyer, but I’m wondering if there’s anything I can file before the restraining order gets filed
Real Estate Lawyer: Loren, Lawyer replied 29 days ago

Well, you would obviously want to try to negotiate a settlement before you sue. It would be cheaper to pay a nominal a nominal cash offer in return for a quitclaim deed from your partner than get into protracted litigation.

If you do reach a settlement, just make sure you get it in writing so that it is legally enforceable.

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Real Estate Lawyer: Loren, Lawyer replied 29 days ago

Are you still online with me?

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Real Estate Lawyer: Loren, Lawyer replied 28 days ago

If you have no further questions please remember to rate my service (5 Stars) so that I am credited by JA for answering your question and also so that I may close the question.

There is no additional charge to you for a 5 star rating of my service.

Thank you for using JA.

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