Legal Question in Real Estate Law in California
My (now ex) boyfriend and I bought a house as joint tenants. I moved out last week and he refuses to refinance so that my name will be off of the mortgage and deed. I am threatening to do a Partition lawsuit to force the sale of the house. He now wants me to give him six months to have time to refinance. Will giving him this time hurt my ability to do the partition suit in 6 months? This month was the last month that I paid my half of the mortgage.
2 Answers from Attorneys
Good luck on refinancing. That\'s a problem in today\'s mortgage market. \n\nYou can bring a partition suit anytime. You\'ll need legal help. Contact me when you do.
Waiting 6 months will not prejudice your ability to file a lawsuit for partition, but a lot of other bad things could happen in 6 months. In six months your ex could stop making the mortgage payments and a foreclosure could be well under way. Indeed, it is possible that a foreclosure could be completed in 6 months, though unlikely because lenders usually wait until the loan is about 90 days past due before they start foreclosure . . . but they do not have to wait that long. The sooner you get after this, the better. \n\nHave you tried contacting the lender yourself to ask to be released? The worst thing they can do is say no, which is likely, but they might say yes. It doesn\'t cost anything to ask.
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