Trying to remove ex-girlfried off deed.
2007-10-17 04:19:41 · 6 answers · asked by concerned 1 in Politics & Government ➔ Law & Ethics
All lawsuits are "partisan" -- meaning that they are between parties to the suit.
For a suit to "partition" -- to split property between two co-owners -- expect to pay a lawyer anywhere between $1000 and $25,000 or more -- depending on the complexity of the deed, and whether she opposes the attempt to partition.
But that doesn't remove someone from a deed -- it splits the one parcel of property into two parcels, each owned by one of the former co-owners.
Removing someone from a deed -- without giving them either money (based on value of property) or without splitting the property -- is much more complicated, and would require some proof that the deed transfer to that person was invalid from the start.
2007-10-17 04:28:05 · answer #1 · answered by coragryph 7 · 0⤊ 0⤋
You can't just take her name off the deed, even with a lawsuit. Having her name on the deed means that she and you share an interest in the property, probably an undivided 50% share each. This is worth money, and no court is going to deprive her of that interest without compensation without some really good reason, e.g. she defrauded you in some way related to the property.
How this is probably going to go down is that you and she hire a lawyer, decide what her share is worth, then have the lawyer draft a contract for the conveyance of her property interest to you, sign it, pay her, then get a new deed reflecting the conveyance.
If she doesn't want to give up her interest in the property, good luck trying to get the court to make her. Not gonna happen.
2007-10-17 04:34:39 · answer #2 · answered by Ryan D 4 · 0⤊ 0⤋
Before jumping on the lawsuit wagon, try to settle. Find out what she wants. Determine what you believe is reasonable. Take in to account how finances were handled when you were together. Since you are on a title together it sounds like you may have operated your finances as a community (I know that legal definition does not exist outside of marriage in most states). If she has some stake in the property you can't just get her removed from the deed, you will have to give her the share she holds.
2007-10-17 04:31:25 · answer #3 · answered by davidmi711 7 · 0⤊ 0⤋
If you have about $25,000 and a year or more then go for it.
OR, buy her out and be done with it. Partition lawsuits are NOT cheap and, depending on where you live and the market, it might be cheaper to let the house stand until you can refinance at a lower rate.
2007-10-17 04:23:49 · answer #4 · answered by hexeliebe 6 · 0⤊ 0⤋
For this type of case, attorneys will charge by the hour. The hourly rate depends on the area where you live, the experience of the lawyer and other factors.
Call a few real estate lawyers in your area and ask for details.
2007-10-17 04:26:04 · answer #5 · answered by raichasays 7 · 0⤊ 0⤋
get a free laws
2007-10-17 04:27:31 · answer #6 · answered by Anonymous · 0⤊ 1⤋