QUESTION
Can he still win his partition action case and can the court order me to sell the house if he wins?
Asked on Apr 12th, 2013 on Estate Planning - California
More details to this question:
My spouse of fifteen years and father of my three children who has just been released from prison for domestic abuse against myself is trying to take half of my house which I had bought with my inheritance back in 2007. Unfortunately I put his name on it. We were never married and he had not contributed anything to the purchase price.
9 ANSWERS
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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This is a very complicated case, and it is going to need to be decided by a judge. When you are in court, a lot of different things can happen. The fact that you have apparently made all the payments will likely make a difference. You should have an attorney to assist you, however, because your house is on the line.
Answered on Apr 16th, 2013 at 9:10 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Unfortunately, yes as to both questions, as you essentially made a gift to him of one half the house. The court is going to look at the facts as they existed at the time between the two of you, not now.
Answered on Apr 16th, 2013 at 1:33 AM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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You may be able to win this, given that he contributed nothing to the purchase. If he brings the partition action, you need to be represented by a good lawyer who can "think outside the box," because the simple answer is that you gave him half the property and he can now force the sale. His past and the fact that he has no investment in the property "should" win, and no doubt the judge will want that result, but you will have to give the judge a solid reason under the law why the partition should not happen.
Answered on Apr 16th, 2013 at 1:20 AM
3 Awards
If you put his name on the house in 2007, you made a gift to him as your spouse. You should have an attorney review the paperwork to see if you have any options, but based upon your posting it appears that he owns ? the house. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
Answered on Apr 16th, 2013 at 1:08 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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If you put his name on it he arguably owns half.
Answered on Apr 16th, 2013 at 1:07 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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See an attorney, you have a major issue.
Answered on Apr 16th, 2013 at 12:55 AM
Litigation Attorney serving St. Louis, MO
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Probate Law Center Richard J. Keyes, PC
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In Missouri, see an attorney as quickly as possible to protect your interests. You may have to buy him out.
Answered on Apr 16th, 2013 at 12:52 AM
Since you put his name on the deed, you may have made a gift to him. I assume you have an attorney fighting the partition action. Depending on the facts, you may want to settle the case if the father is a reasonable person. Litigation is costly. If you trust your attorney, listen to him or her. Or get a second opinion.
Answered on Apr 16th, 2013 at 12:41 AM
2 Awards
It is up to the court now. You must prove up your case. Because you put him on title, he may very well win. I hope you have a good lawyer.
Answered on Apr 16th, 2013 at 12:30 AM