Legal Question in Real Estate Law in California

Removal of name off mortgage & title

My boyfriend and I bought a house together in 2005 and have since split up. He stayed in the house. Now I want my name off of the loan and title and he is stalling. I want to consider a partition suit but would like some idea of how long this typically takes and how much money attorneys want up front prior to the sale. Lastly, is there any reason a partition suit would not be awarded? I moved out 8 months ago.


Asked on 3/07/08, 10:58 am

1 Answer from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: Removal of name off mortgage & title

No. There is no reason a partition would not be ordered. You can't get off the loan without the consent and agreement of the lender. A partition suit will require filing fees, and other out of pocket expenses. Attorneys fees will normally be charged hourly. You can negotiate fees and retainers and should talk to enough lawyers to find someone you are comfortable with both as to expertise, competence, experience, personality and financial expectations.

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Answered on 3/07/08, 12:13 pm


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