What are a co-owner’s rights in a partition action?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are a co-owner’s rights in a partition action?
My girlfriend purchased a house with her sister now her sister wants out of the house. My girlfriend paid for her half of the house in cash but her sister still owes 95K. They purchased it for 400k; the house was put on the market for 320k to try and sell at a loss of course to both. It has been for sale for over a year now with no luck. My girlfriend is willing to lose 50k at most. Now her sister wants to lower the price of the house but my girlfriend is not willing to do that. She has offered her sister110k which was refused. Now her sister is seeking a partition. What are my girlfriend’s legal rights?
Asked on March 2, 2011 under Real Estate Law, Illinois
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Your girlfriend needs to go and get an attorney in the area as soon as she can to answer the partition action. Your girlfriend has the same legal rights as her sister in the ownership of the house. There needs to be some clarification here. When you say the her sister "still owes $95K" what do you mean? That your girlfriend put down $200K in cash and her sister cash plus took out a mortgage for the rest? Those numbers will have to be worked out at a sale, as I am sure that you know. Now, as for the partition action, all it really is is a request that the court split a jointly held asset in half. This does not really work for real property so the court just orders the property sold. This was a tactical move for your girlfriend's sister. Get legal help. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.