in the state of california
refinance loan due to lack of income and credit. she used my income to help secure the re-fi loan in september of 2005. If she doesn’t get someone to help her, she losess all of the equity in the property if it forecloses. She owed a combined 141K on both loans. The house appraises for then at the time 310K.
we refinaced the house with both of us listed as joint tenants, with both parties on title and deed. She wants to file a partition, and have a judge divide everything based on time and equity in the property. On this scenerio, she would probably get everything.
Can i sue her for using me to keep from her lossing the equity in her house? Can i go after 50% of ownership of the property.
you really need to talk to a lawyer about this . the laws very from state to state . for instance , in some states your situation would have been considered a "common law" marriage . in which case ,you might not be able to sue her . It would be the equivelant of suing your wife . but this may not be true in your state or locality . and because "common law" marriage laws vary so much from state to state as well as real estate laws . talking to a real estate lawyer from your state , will be more helpful .
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