Q: Joint Tenant with Partner destroying property, collecting rents and not sharing and growing pot. How should I proceed
Property has been appraised for less than the loan balance as he is attempting to drive down value to deprive me of equity. I got a brokers price opinion that said the property would be worth approximately $100,000.00 more if it were in it's former condition. I took title before marriage and put a great deal of money into improvements and paying off the second mortgage. He has deprived me of financial information and rents he collected on the property. I finally obtained a copy of a lease agreement through divorce discovery. He has abused me financially and made threats of physical violence. Should I pursue a lawsuit for rents less expenses, financial abuse via destruction of the property or should I pursue a partition action. Unfortunately since he has failed tomaintain the property, it's value is less than what is owed, but I believe it may not take too much to restore it. What is my best course of action?
A partition action would be a good course. You can also receive a reimbursement of legal fees if your action is determined for the good of the owners of the property. You might also want to consider an action for Waste.
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