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?

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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 4 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.


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