Legal Question in Real Estate Law in Connecticut

Partition Action

I own part of a house with two other relatives, two years ago I signed off on a morgage for one of them and in exchange we wrote a letter stating that when the house is sold I would get a higher % of proceeds. She still has morgage out on the house but we are not talking right now and last week she filed a partition action with the other owner, she is suing me for living in the house and on the partition it states that the bank she has morgage on as a defendent and the full amount of money borrowed is owed. She was responsible for payments on loan and got all the money, I did this as a favor and in good faith and of course for a higher % of proceeds but now with a partition filed she still has all the money from loan and has not paid it back so it seems that the bank with a partition filed would get paid first and she keeps all of loan money plus gets her share of proceeds. I feel I have been tricked, what can I do? I signed of on morgage as a favor, not for her to take the money and now file a partition, this was family property and I was told that the morgage was going to be paid back. What can I do?


Asked on 4/20/09, 10:18 am

1 Answer from Attorneys
Linda Subbloie Linda A. Subbloie, Esq.

Re: Partition Action

I am puzzled as to who has been paying the mortgage all of this time if "she" kept the proceeds from the mortgage you signed off on earlier.

Nevertheless, it appears to me based upon the facts in your question that you still are entitled to relief since you are not only part owner but you had a written agreement that you would get a higher percent of the proceeds. The lender is generally made a defendant also in partition actions, so that is not a surprise.

I think you can countersue on the contract action since it is part of the same transaction and you can seek relief yourself in the partition action. Obviously you need an attorney because it is important how you respond to the partition action so that you can protect your interest in the property.

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Answered on 4/20/09, 2:50 pm


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