Filing for a partition to force sale and options?
In michigan..
i am half owner of a house in Michigan (joint tenant).
I have been asked not to return to the house by the other owner
they have taken 100% control of the house and all of the contents.
my questions are
1) can i sue for half the value of the rent.
2) if file a partition to force sale of property. would if be auctioned or sold via a realtor.
3) can i sue for any damages, and if there are could the other party be charged for them.
they are part owner of a restaurant a L.L.C. could the law suit jeopardize any part of the restaurant or could i attach any part of it. when I win in court.
I apparently have no other option to file the other party has threatened me with a restraining order if I return.
what would the attorney fees run in something like this and would they have to pay for a attorney and what would it run them to defend the case?
can I charge for attorney fees?
1) I was living in this house with my NOW EX we owned the house together..
2)the property i am asking for is house hold furnishings.
3) I was asked to leave because my EX wanted to start another life with someone else.
1) I was living in this house with my NOW EX we owned the house together..
2)the property i am asking for is house hold furnishings.
3) I was asked to leave because my EX wanted to start another life with someone else.
Answer by Tom J
I believe that would be "petition" not "partition".
Answer by Killer Queen
You do need an attorney for this. You can force the sale either through a realtor or by auction but the realtor would be best.
If the house is rented, it is possible to get half of the rent but you didn't explain why you had to leave and that might factor in.
I also don't know what damages you want to collect. If you mean for your furnishings, then yes, you can do that. If you mean punitive, you have to see first if your state even allows for it.
You cannot attach a lien to the restaurant because you want more for the house than what it sells for. If you agree to a forced sale, you accept the price also.
The fees are going vary by attorney so you can discuss that in a consultation.
What do you think? Answer below!
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