Q: I’d like to keep house I bought with girlfriend but she will not let me buy her out nor will she agree to sell…
She is 50/50 on deed in Michigan and Mortgage is in just my name …Do I have options ?
A: You may need to file a lawsuit to force the sale.
A: A real estate attorney will need to see how the title on the deed is held. Being 50% owner is not enough for a court to intervene with legal instructions as to how a property may or may not be partitioned. Real estate law is steeped in centuries of legal history - Deeds contain "magic" legal language that has serious legal consequences. So have the deed reviewed by a real estate attorney who can tell you best how to proceed. See more information at www.ProvenResource.com
Kenneth V Zichi agrees with this answer
A:
50/50 Tenants in common or 50/50 Joint tenants with rights of survivorship? Based on the facts you provide it is impossible to answer your question.
The distinction matters, and the 'magic language' is not something that people other than lawyers ever really think about! Get thee to a local licensed real estate attorney and have him review the actual deed as recorded and you can then get real advice about what options you have.
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