[WSBARP] MSJ Possibility for Motion to Partition

[Lynn Clare]

All

Quick Facts: 3 year relationship. Couple buy house. She leaves. She pays
for another year of the house expenses, but that was 2.5 years ago. NO CIR.
She brings motion to partition. He refuses to cooperate with mediation. He
has repeatedly claimed he cannot get enough cash to buy her out or
refinance. He (pro se) has just brought a motion for summary judgment
claiming basically that it's been long enough and the court should just
REMOVE her from the title.

It's clever.  Wrong, but clever. I'm not worried about my response to that,
but do I have any possibility of a partial summary judgment in my client's
favor?  Obviously as to "tenants in common" and also as to "she can
partition" - but what about as to "her interest in the property expressed
as a share %" or "this house will be sold."  ????

Thoughts?

Lynn Clare
Clare Law Firm
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