Q: I need advice about a partition lawsuit in New York State.
I bought a 2 family house with my daughter. I paid cash for my half and co-signed her mortgage for her half.I want to sell now and she doesn't. If I file a partition lawsuit and we sell do we pay the mortgage and share what's left over or do we pay the mortgage and I keep what's left over since I put the cash down?
A: You pay the mortgage and then there is a Referee hearing on the return of the deposit. You should get a credit for it. But, there are credits of use and occupancy, expenses, etc. , also.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
