Legal Question in Real Estate Law in California
tenancy in common
I am in a position where I may need
to do a partition suit. Unfortunately
how can one partner force a sale
when the house is under water big
time. My partner refuses to foreclose
and I no longer have a job and am
left with just unemployment and
some emergency savings. I no
longer live in the home. We tried to
sell the house for 6 months with no
offers. We have a nonrecourse loan.
1 Answer from Attorneys
Re: tenancy in common
Partition why? There is no equity to recover from forced partition and sale. Why would you spend thousands of dollars on a pointless legal action? Neither you nor your partner can 'foreclose', that is what the bank is going to do. You either keep payments current or lose it to foreclosure. You could try to renegotiate the loan or do a short sale, etc.