Legal Question in Real Estate Law in New York

Partition to Force Sell

Hello:

I purchased a home 100% refinancing. The co-deed holder and I were in a relationship and I was going to move into the house once repairs were concluded. I was added to the original deed 50% deed holder. Due to separate differences, the other deed and I no longer are in a relationship and resides in the house. Fourteen months he not paid the mortgage. The bank is coming after me because he was never cnsidered for the financing.

I want to submit a Partition to Force sell to relieve myself of the financial obligation.

Please advise.


Asked on 12/21/07, 2:45 am

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Partition to Force Sell

You are right. You should start a partition action. However, since the house was purchased with 100% financing, you will have to sell the house for the same (or above) the market value purchased for you to walk away without paying anything. Difficult in this market.

Good luck.

Mike.

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Answered on 12/21/07, 8:36 am


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