Q: Do I need a lawyer for a partition action?
Ex girlfriend and I bought a trailer 6 years ago. Both of our names are on the title and the mortgage. She agreed to refinance when it became eligible, 4 years ago. She did not. She has been late on payments (but within the grace period) for a while but recently let the account go 29 days past due. She is trying to sell but with no luck, and is turning away any buyer I send to her. I feel a partition action is my best option to get this house out of my name before she ruins my credit. I do not want any money from the sale, I lived there for less than 90 days. Do I need a lawyer or could I represent myself? Or should I be pursing another option?
A: without knowing how capable you might be in and representing yourself in a legal action, it’s impossible to say. An attorney could make a difference between a successful outcome and a botched mess.
A: This is a contract issue as this relates to a "trailer" and therefore does not come under real estate law. A trailer is not real property and you do not specifiy if the property on which the trailer sits, is yours. Therefore a 'partition action" may not the proper legal recourse as court powers are found in statute, and partition actions concern real estate. Which leads to your next question concern about representing yourself. It is best to share the document with a contract attorney to review your document and give you best legal 'next steps."
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A: If there is no equity, then a partition action is probably not a viable remedy. Ch 7 Bankruptcy, or relying upon your Exemption Rights, might be the only options to avoid payment on the Note.
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