Contract to Refi, Forcing the Sale

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mtowle

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1. Contract is between two parties who are on title to a residence.
2. Party A no longer lives in the residence.
3. Party B agreed to refinance the home within 10 months.
4. Party A has received original money that she put into the home when the home was first purchased, but has not received any equity from the home. The home has positive equity.
5. Party A wants her name removed off of the title to the home.
6. Party B put most of the money up for the house at the time of purchase. Party A put some funds up. Party B has been making the house payments.

Questions...
1. Can Party A file suit to either force Party A to refinance right now or sell the home in order to collect her part of the equity?
2. How does a judge determine who gets what equity?
 
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