Legal Question in Real Estate Law in Minnesota

My friend and their significant other, at the time, bought a home together, both of their names are on the title. They split up. The significant other voluntarily left, has not made payments or contributed in anyway to the house in over four years. My friend has maintained and made improvement to the home on top of staying up to date with all the mortgage payments. The significant other is now taking legal action because they (all of the sudden) want their name off the title and is trying to force my friend to sell the house, even though my friend has no interest in leaving. Is there an actual case here? Does my friend have any rights, or does my friend basically have to take a hit on this? It doesn't seem right.

Asked on 12/29/15, 4:52 pm

1 Answer from Attorneys

Morgan Kavanaugh Wilkerson & Hegna, PLLP

It sounds like your friend will be a party to a partition action. Minn. Stat. 558 governs actions where there is a dispute between co-owners of a property that cannot be resolved. The process must be done according to the statute to be effective. Your friend has options and should protect their rights in the property, including the payments and improvements made. These cases are often resolved when one party buys out the others interest. Your friend should contact me right away at 952-897-1707 for a free initial consultation to review the legal action taken thus far and to discuss a case strategy going forward.

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Answered on 12/30/15, 7:23 am

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