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
A:
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.
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