Legal Question in Real Estate Law in Washington

lawsuit of partition

I am in the process of filing a lawsuit of partition on a home I own with an ex-partner. The home is worth 290k and we have a first and 2nd mortgage totaling 225k. Is there a minimum that the home is auctioned for? Or is it possible to get stuck with a half paid off mortgage and no home?


Asked on 10/11/07, 5:57 pm

1 Answer from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: lawsuit of partition

A partition suit is a way to get your share out of the equity of a house without taking a chainsaw to it and dividing it in half.

But there are no guarantees. The house does not have to be auctioned - the court is going to want to see the house sold for its market vaiue, not go as a distress sale.

You could have a lawsuit regarding a partnership with your ex, depending on a lot of factors. There may be more to this than simply the value of the house you co-owned.

Please consider going to local counsel for a consult, and it should be somebody who practices family law.

Hope this helps - Elizabeth Powell

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Answered on 10/22/07, 9:27 am


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