Legal Question in Real Estate Law in New York

Re: Division of Property

If your one loan and title covers both the land and trailer, then you will probably need your Ex's consent and agreement to sell (the "whole," whether to you or a third party. Otherwise, a court ordered Partition will probably be necessary.

If the outstanding loan and item you wish to sell is only the trailer, your trailer title and loan documents need to be reviewed, to determine specifically what your rights and interests are; and what you may do with the trailer individually.

Your rights, title and interest in and to the land, and what you may do with it, depends primarily upon "How" you hold title; and is probably a separate matter from the trailer, ownership. For example, If you hold title to the land "in common," you might be able to sell your interest to 1/2 of the value of the land to a third party, without consent of your co owner EX.

Good luck,

Re: Division of Property

If bothnames are on the note, both are obligated. My suggestions is make payments to avoid default and sue him in small claims court in your local town justice court to try to get his part of the money back.

Good Luck

Re: Division of Property

If you can afford it you should buy him out or sell it. If he won't sell you will have to bring an action for partition.

Do something soon before your credit is ruined.