Posted by GL on December 12, 1999 at 14:28:30:

Have you talked to a lawyer? If his name was put on the deed by mistake and he made no contribution to the property it should be possible to have it corrected. If you spoke up right away. Simple is best.


Posted by Lisa on December 10, 1999 at 22:20:32:

Both myself and husband are on deed for a piece of property located in Oakland, CA. The problem is, he wants me to sign off the property without paying me anything. I am refusing for obvious reasons. His credit prevents him from actually refinancing the property. FYI… The property has no loans against it, except for a lien attached by the county.

I am not interested in keeping the property and only want a few dollars out of it. The property is located very near downtown Oakland, which is currently in a revitalization stage.

Question: Is there anyway I can cash out/sell my portion of this house without having to wait several years? (I have already waited 2 years?)

Force a “partition sale” - Posted by chas(del)

Posted by chas(del) on December 12, 1999 at 12:42:36:

talk to attorney and force a “partition sale”. Auction the home via this method and you both will get proceeds accordingly.

Or better yet convince him to sign off on an auction. You probably will get a fair market value at auction. plus cash in 30 days.

How is this for creative? Is is legal? - Posted by Lisa

Posted by Lisa on December 12, 1999 at 08:27:53:

I would like to know if I can legally do the following:

I would like to create a Nevad Corporation, fund it, borrow money from the corporation and offer my interest in the property I own with my husband as collatoral (husband was put onto property by an escrow officer during a refinance without permission. She was supposed to deed him on right before the loan funded. We decided not to take out a loan on the property; yet he was recorded on the property anyway. The property was mine and all of the money put into it is mines).

Back to my idea. I default on the loan to the Nevada Corporation. The Nevada corporation forecloses and I take back control of my house.

Not very ethical, I know, but I believe it is creative :-). Is it leagal? What other types of implications would I be facing if I should move forward along these lines.

Re: DIVORCE/PROPERTY - Posted by Dave T

Posted by Dave T on December 11, 1999 at 23:34:51:

Ask your lawyer about a title partition lawsuit to force the sale of the property and the subsequent equitable division of the proceeds of the sale.

re:Is is legal? - Posted by Potash

Posted by Potash on December 12, 1999 at 22:16:59:

what do you think?