Expert: Dick Dennis - 2/14/2008

Question
I own a home with my ex,I say ex because kicked me out of my own home. She then removed all my belongings without my permission and put it all in storage to which she refuses to tell me where.I have been dealing with her lawyer in trying to get her to buy me out and to get my belongings back.I can't afford a lawyer at this time and am at a loss as to what to do. I want to do a forced partition because her offer of 10,000.00 on a 300,000.00 dollar home is unacceptable. I just want this all over with. She has already brought in her new lover into the the house. Please help me if you can with any kind of advise.

Answer
You left some words out, Lani, but I'll do what I can. You say you have a $300,000 home, but you don't say how much equity you think you have. If you owe $290,000 on a mortgage, Lani, then the $10,000 is all you're entitled to. In fact, that is $5,000 more than you're entitled. The other $5,000 belongs to her. If you would have enough of an equity, an attorney would take your case on a contingency based on how much equity you have in your house. He/she would kick your ex out after the judge dictates that the house is sold on a partition. However, if your ex plays games and doesn't allow the home to be shown for sale (especially in this bad market and I am assuming that the $300,000 price is based on what the market is in this slow economy) then you're going to have real problems getting her out of the house. Your attorney will have to dictate that she get out of the house in the process of selling the house in the partition order. I do wish you well, Lani.

Dick Dennis