Legal Question in Real Estate Law in California

If your ex will not voluntarily sign a quitclaimn deed, and her/his name is on title, you will be forced to file a partition action. In a partition action the court will determine the percentage of ownership you each own, order a sale of the property, then split the proceeds according to your ownership interests. If your ex will not sign a quitclaim deed, you should contact an attorney in your area whose practice includes real property because the process is complex and you will likely need help. That attorney can look at all of the documents you have relating to the property, and advise you of the likely outcome of the action.

Since one of the likely outcomes of a partition suit is an attorney bill for $10,000-15,000 and the condo probably has not gone up in valid in the two years you have had it, it is best to try to bribe her in some fashion. Point out to her that if you stop paying the mortgage or HOA dues it will go on both of your credit records; in a lawsuit she is not going to get anything because you put all the money in and you were not married, did not sell a home to move in with you, etc. Ask her if she really want to have to deal with you [unless you are the one who broke off the relationship and she wants to get back together]. if you pay her a few thousand dollar, you probably have gotten out of it in the cheapest fashion. You could have an attorney first write her a letter pointing out why she will not get anything, and if she does not respond follow up with an offer.