How could I go about petitioning a partion of a co-owned house?

UPDATED: Oct 4, 2011

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How could I go about petitioning a partion of a co-owned house?

I hold no responsibility to the utilities, maintenance, or modifications for the house and do not physically live in it either. The mortgage has already been refinanced and I would like to be on my own due to my lack of involvement with the house. I do not wish to receive anything from my separation of half ownership of the house other than no longer having to pay the mortgage.

Asked on October 4, 2011 under Real Estate Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you simply wish to end your ownership in the real property you are writing about including the mortgagre (trust deed in California) you need to enter into a written agreement with the co-owner of this property where in exchange for a quitclaim deed or grant deed to him or her (assuming you want nothing for the transfer of your interest in the property) that the other owner agrees to take on all expenses concerning this property including paying the loan.

You need to make sure that the agreement has a provision that the other person agrees to defend and indemnify you concerning all claims concerning this property as well. It is best that you consult with a real estate attorney regarding this question. The problem is that if you are obligated on the loan, the lender can possibly still hold you personally liable if the loan is not purchase money (which it seems to be since you refinanced).

Good luck.


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