Legal Question in Real Estate Law in New Hampshire

What is a lawsuit for partition? Is this an option in NH if the co-owner of a house has left and can't be reached? We (myself and ex boyfriend) have a joint mortgage and he obviously is not paying his portion. There is reverse equity in the house and it is very possible I may end up in foreclosure, even if I can sell the house without him!

Asked on 8/15/10, 6:48 pm

1 Answer from Attorneys

Bruce L. Dorner Dorner Law Office

In your case, a Petiton to Partition would be used to determine what equitable distrbution of the house would be proper between the two parties. If there is no equity in the property, there is not much the court can do to help. The contract with the bank (promissory note and mortgage) is a documet the two of you signed in favor of the bank. The bank can come after either or both of you for the full amount under a joint mortgage, and the court has no power to change your contract with the bank. The court may determine that the house and the debt be paid by each of you in some ratio, but the bank is not bound by that court order. It's up to the two of you to seek enforcement against each other.

I suggest that you need to meet with an attorney to review all the documents to determine if there are other options or approaches to help you out of this difficult situation.

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Answered on 8/21/10, 6:49 am

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