I had previously posted regarding what to do with a co-mortgage. To sum the situation up, since there was no equitable distribution, I am going to have to petition the court to partition the home to be sold. We are both on the deed and mortgage, and I know I am eventually going to need a lawyer, but money is tight. I am wondering if there was an paperwork I can fill out to get the ball rolling. I know I have to file in the county of the property, but I am hoping if I get her served, she will step up or her family will buy the house for her. She says she is filing for bankruptcy and we do not have much if any equity in the property. I checked and the mortgage balance is right at the marketable value of the house. So if she does get approved for bankruptcy, can I still have the court take my partition case? There is no way she will be able to refinance after a bankruptcy judgement. She is stringing me along.
Questions about partition of land are outside of the scope of this forum as that is not a family law matter.