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  1. #1

    Default Ex Is Threatening to Partition The Marital Home

    Ex is trying to threaten to sell the house at the sheriff's auction - a partition sale. In the consent judgement it says that he pays for the house as a part of child support and I get to stay there. Can he still partition the house and kick me and the kids out in the street?
    Thanks

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Ex Is Threatening to Partition The Marital Home

    Are you stating that he's threatening to let the bank foreclose?

    How long have you been divorced? In what state?

  3. #3

    Default Re: Ex Is Threatening to Partition The Marital Home

    It's in Louisiana. We have been divorced for 3 years and the kids and I always lived in this house for this whole time with him paying the note. He is not threatening to forclose. The partition sale in Louisiana is when someone doesn't want to own a property with you, they can put it up for sale on the Sheriff's auction. But, like I said, this is part of my child support - him paying the note, insurance and taxes. It's in the divorce consent judgement. Does it change things?

  4. #4

    Default Re: Ex Is Threatening to Partition The Marital Home

    Just to clarify - the kids and I live in the house, my ex pays the note but does not live here.

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Ex Is Threatening to Partition The Marital Home

    I know what a legal action for sale or partition is; it isn't as if he can just walk up to the Sheriff's Department, though, and ask them to sell your jointly held land. I find it very unlikely that a trial judge would order partition under these facts, and in contravention of the divorce judgment.
    Quote Quoting Louisiana Civil Code, Art. 807 - Right to partition; exclusion by agreement
    No one may be compelled to hold a thing in indivision with another unless the contrary has been provided by law or juridical act.

    Any co-owner has a right to demand partition of a thing held in indivision. Partition may be excluded by agreement for up to fifteen years, or for such other period as provided in R.S. 9:1702 or other specific law.
    Quote Quoting Louisiana Civil Code, Art. 809 - Judicial and extrajudicial partition
    The mode of partition may be determined by agreement of all the co-owners. In the absence of such an agreement, a co-owner may demand judicial partition.

  6. #6

    Default Re: Ex Is Threatening to Partition The Marital Home

    thank you for the response

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