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?
1 Answer from Attorneys
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