Own a home with Now ex gf. I want to sell she doesnt

She wanted to breakup after 12 years. I
have been very sick for 18 months
w/26 severe vertigo attacks that drop
me to the ground . She wanted to buy
me out . Im on 13 meds in a weak
moment agreed to 34,000. We have
roughly 150,000 in equity. She
promised not to sell the house and not
to do any loans on the house. She
promised to take me off the home loan.
She was denied by the bank . She had
a BK last Year. She paid me 20,000
and never told me where it came from.
I just discovered somehow she got
34,000 ? I cant imagine who would
give her this. It is tied into the house.
She paid me with my own money…
She is a famous felon who they made a
lifetime movie about the Michelle
Brown Story identity theft served 5
years in federal prison for possession
of 1300 lbs. of marijuana. She is no
angel. I want to get a court order or do
whatever to force her to sell the house.
I AM NOT TRYING TO TAKE
ADVANTAGE OF HER. I just want my
FAIR share. Thoughts? John dillon
858-349-3476

Asked on March 9, 2018 under Real Estate Law, California

Answers:

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

Answered 2 years ago | Contributor

The law provides as remedy in such a case. It is called "partition". In a partiton action, the court will order that the property be divided, if practical. In not, such as in the case of a single family home, the court will instead order a "sale in lieu of partition". In a sale of this type the property will be offered to the public for fair market value. Then, when it sells, the proceeds will be equitabl divided among the owners. First, however, any owner who wishes to keep the property can offer to buy out the other owners.


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