Partition Action


#1

If your spouse is being very difficult and do not want to sign a separation agreement, then is litigation or a partition action a cheaper resolution? The mortgage is the name and I need him off the deed and allow me to sell our vehicle.


#2

Partition isn’t really the appropriate action, this is best suited for when parties have obtained an absolute divorce without resolving the issue of the marital residence. If your spouse refuses to negotiation the separation agreement, you can always file a complaint for Equitable Distribution; that would be the appropriate setting to ask the court to require that he comply with signing the deed over to you, and the court would also most likely order a refinance.