Partition - Posted by Lois Gubbiotti

Posted by John Merchant on August 05, 2003 at 12:28:25:

I’d inform her, in writing, by USPO, certified and receipted, that unless she schedules a conference with you & your lawyer in next 2 weeks, you’ll be filing a Partition Action and asking the court to order the property be sold and the proceeds split between you.

Plus an accounting for whatever rents she’s taken in as the sole manager. As you’ll be getting half that too.

As I’ve said before, PA’s are rarely really necessary to file, but their threat/promise normally gets the parties together and gets the deal settled.

No real defense to the PA, but it would cost you both the court costs & attorneys’fees and time and hassle.

The PA is so easy, can’t imagine what’s holding up your atty., but if he/she won’t act immediately, fire him/her and go elsewhere.

Partition - Posted by Lois Gubbiotti

Posted by Lois Gubbiotti on August 05, 2003 at 10:27:21:

My husband purchased property with another woman while we were separated. She has possession of the property (changed locks on house confiscated furniture, etc) and is doing everything in her power to avoid settlement. It has been nearly a year now since we have initiated legal assistance. Appraisals on the property have been completed on our part but she now insists she wants her own.

What is a reasonable length of time for a settlement of this type to conclude–should I be considering different legal assistance? I really want to belive in my lawyer but it has been almost a year and still no settlement in sight.