Legal Question in Real Estate Law in California

Get an ex to sign a quit claim without having to sell my home.
My ex-fiance and I purchased a home together. The exact vesting is: his name, a single man, and my name, a single woman. My parents made a gift letter exclusively to me for down payment and closing costs for $5000. The price of the home and loan amount is $105k @ Sept 1997. Current mortgage is at $102k. I have all receipts and have exclusively made all mortgage payments. I alone currently reside in the home and have secured a 3 year restraining order against my ex. We did not hold ourselves out to be married when we lived together for 9 months. He willfully abandoned the home and all responsibility to it. I cannot file a 'Marvin' action to somehow make him sign a quit claim, I don't want to have to sell the home by partition, so what could my 'cause of action' be?

Asked on 9/08/99, 10:36 am

Joshua Genser Joshua G. Genser, Attorney at Law

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Re: Get an ex to sign a quit claim without having to sell my home.

You should file an action for partition. The result

would not necessarily be a sale of the house. The

Judge in a partition action has broad discretion

over how to partition the property. In your case,

I would guess that the judge would only require you

to purchase from your ex his share of the house,

which you might establish to be very little.

Answered on 9/13/99, 12:22 pm

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