Legal Question in Real Estate Law in Colorado

Partition Action

I was paying on a mortage for my house and met and decited to buy an extra 2.5 acres with my boyfriend (soon to be husband). In ordere to do this there was a land lot adjustment made with the additional 2.5 acres added in. In ordere to have his name only on the the land loan (as my name only was on the house loan) we had to put his name on the deed to the entire house/land lot. Six months later he took off. He paid the 5000.00 down at closing and I have paid every payment since in the last two years automatically out of my checking. He is trying to blackmail me for more money to pay him off so he will remove his name. Constantly increasing the amount for no valid legal reason. I cannot afford to get another loan right now (based on credit ratio, even though I am making evey payment). Otherwise, I would just refinance the land loan...although I am not sure that would even work because he will settle on a price to be ''paid off''. I was told to file a partition Action, but I am not sure that will be in my best interest. I have read the previous threads on such an action, but of course my situation seems a lttle different. As I have had the house for two years before he came along. I do not want to sell the house. Any advice?


Asked on 2/11/08, 1:19 pm

1 Answer from Attorneys

Robert Murillo Pivotal Legal Ltd.

Re: Partition Action

Afternoon:

Sorry about the problems, but pretty much the only way to resolve this matter in court is through a partition action

I would recommend that you contact an attorney to discuss options. One suggestion is for the parties to agree to mediate this matter or agree to mediation-arbitration. If this matter proceeds to district court, mediation is required.

If this goes to court it will be time-consuming and expensive for all parties.

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Answered on 2/11/08, 2:08 pm


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