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.


Asked on 5/07/09, 3:33 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

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.

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Answered on 5/07/09, 5:21 pm


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