Q: Is it possible to force a co-owner to sell or refinance?
2 years ago I purchased a home with the partner I’d been with for 8 years, both our names were put on the deed and mortgage (though I put in more than double the money he did and it was MY great credit that got us it). We separated shortly after and he has since REFUSED to sell it, refinance, buy me out or vice-versa, do anything to get my name off the damn thing. He pays for everything because he still lives in it w/ roommates and I moved out right away, but my name and credit are still on the line if he were to ever screw up. Surely he can’t force me to continue letting him use my name to keep the house?? Plus its extremely difficult to get a new apt or house now because the old mortgage is still attached to my name on a credit check…such a headache and I need this tie CUT after 2 years of fighting. Any advice appreciated THANK YOU
Unless it is his homestead, this sounds like a job for a suit to partition by sale. Co-owners of real property (called co-tenants in common in law) can petition the court at any time to partition the property by sale. The court will balance the equities based upon each party's contributions over time to the property in terms of initial down payment, taxes, insurance, improvements, maintenance, HOA dues, etc., and then divide the remainder of the proceeds equally between the co-owners according to their respective interest in the property.
Hire a civil litigator with experience in real estate litigation in or near the county where the property is located.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.