Q: My husband and I bought a home with my sister in October 2019
We share a kitchen and a dining room. My husband and my children And I live on the second floor and she lives on the first. Since then she has taken on a friends three kids and got upset because I wouldn’t raise them for her. Now she has left the property for a month or two while we “figure out what we are doing” (meaning move out) because she doesn’t want to share the kitchen and has turned our dining room into a bed room when there was no need to. She decided she isn’t paying her part of the mortgage/utility bills since she has not been staying here but refuses to sign a agreement saying she is taking over our portion of the mortgage and allowing us to move out and also refusing to re finance the house to have us taken off of the mortgage per advice of our lender. She is threatening me with violence if we come to the first floor while she is home. What can I do legally? I have to be able to feed my kids but can’t afford mortgage and rent somewhere else.
A: You probably need to file an Action For A Sale For Partition. Hopefully there is sufficient equity in the property to make it work. You did not state what the Title was, but with equity, Partition should work.
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