Legal Question in Real Estate Law in Georgia

I financed my house in Only My name back in 2007. I had a boyfriend at the time & put his name on the deed with mine. He has sense moved out & I have been trying to get him to sign a warrenty deed that I had a lawyer provide. He has agreed but never signed it. I recently modified the loan & even prior to that the house's value is about 30K under what is owed. The house can not be sold due to this. Its not worth what is owed. I am interested in filing a patition to partition to have his name forced off the deed & represent myself in court, but I am having a hard time finding the correct patition forms to file with the clerk of court. How can I file this myself? I am not willing to offer to buy him out as he has cost me thousands already.


Asked on 10/06/11, 9:17 am

2 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

You are having trouble finding "forms" because they do not exist. This is a rather complicated lawsuit in Superior Court, not a small claims case where you just fill in a form and tell the Judge your story. You have virtually no chance at all without a lawyer, and you will waste several months finding that out. A lawyer will also tell you that you are likely wasting your time and money anyway. Read via google or elsewhere what a partition lawsuit means. How are you going to sell the property and divide the proceeds without paying off the loan? How are you going to divide the house and land? How do these options violate your loan agreements? This was your mistake in the beginning, and paying him off is likely your best and only realistic option.

Read more
Answered on 10/06/11, 9:29 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

You asked this question before online and the answer is exactly the same as it was when you asked before. You will have to buy him out or spend a lot of money to partition the property (and he gets half the proceeds if you do that). There is NO other answer. The answer did not change in the past 24 hours.

Read more
Answered on 10/06/11, 4:58 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Georgia