If my daughter are both on the deed to the house she occupies and has stopped making the mortgage payments as we agreed so I have had to make them, can I file for a partition?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my daughter are both on the deed to the house she occupies and has stopped making the mortgage payments as we agreed so I have had to make them, can I file for a partition?

I put my daughter’s name on the house deed when I refinanced it. I was awarded sole ownership when my former wife and I divorced. My daughter has been reimbursing me for the mortgage payments which I alone make, even though I have a signed rental agreement with her. Can I file for a partition to sell the house and receive 100% of the sales price since I made all the mortgage payments?

Asked on October 30, 2017 under Real Estate Law, Michigan

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

In a situation in which to owners of property cannot agree as to ownership matters, the law (as you seem to be aware) provides the remedy of "partition". In such an action, the court will order the property divided if practical. If not, as in your situation, the court will then order a "sale in lieu of parition". This means that a house will be offered to the general public for sale. First, however, any owner who wants to keep it can buy out the other owner(s) for fair market value. In either event, the proceeds will be "equitably" distributed. This means that you will get your share as determined by the court.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption