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Favorable Settlement Reached in Partition Action

Background

Our client and her partner (non-married) purchased a home together five years prior. They were both on the deed and mortgage, but our client’s father funded the down payment and our client paid the majority of the mortgage, taxes, utilities, and the upkeep of the home. Due to the increase in the real estate market, there was a significant appreciation in the value of the home since they purchased it.

The Case

Unfortunately, our client and her partner’s relationship deteriorated and her partner moved out of the home. After she moved out, her partner hired an attorney and threatened to force the sale of their home through a partition action. Her partner sought half of the equity in the home.

The Outcome

Our client reached out to us after receiving a demand letter asking for half of the equity of the home. We reviewed their demand and the facts of this case and determined that our client was entitled much more than half of the equity. We drafted a response and handled the negotiations with the other attorney. We provided evidence of our client’s substantial payments toward the mortgage, taxes, and utilities. After a brief negotiation period, we were able to secure a positive outcome for our client. Our client was able to choose between buying out her partner for pennies on the dollar and staying in her home, or selling the home and keeping the majority of the proceeds. All of this while avoiding the time, cost, and expense of a lawsuit.

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