Burlington, NC asked in Landlord - Tenant and Real Estate Law for North Carolina

Q: I no longer want to be associated with the house my girlfriend and I are buying. What are my options?

To clarify is she an ex. We both are on the loan and deed. Were together 8 years. What is needed to be done to sell or buyout?? I no longer care to own house, want to sell. However, she will not have an adult conversation with me about it. What if she cannot obtain the house in her name only?

1 Lawyer Answer
Amanda Bowden Johnson
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Answered
  • Jacksonville, NC
  • Licensed in North Carolina

A: If you are not married, you are likely tenants in common. If so, there is really no need to 'discuss' it with her - she doesn't really have much choice, so you can essentially just tell her how things are going to be. If you want, her choices are pretty much limited to either buying you out and refinancing or you can petition to court for the property to be partitioned. Of course, you will likely want to give her the option of buying you out and getting refinanced in her name before you hit her with the partition. If she refuses to refinance or can't refinance, consult with a local attorney about partitioning the house. That will basically force a sale and split of proceeds (if any). Best of luck.

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