Q: Jointly owned home with ex-girlfriend, unwilling to sell, kicked out, Texas.
I live in Texas, and I own a home jointly with my ex-girlfriend, with both of us on the mortgage and the title deed. She is currently refusing to sell the property and has also kicked me out of the house. We have no legal or financial obligations, such as shared debts or child support, affecting my decision to sell. How can I proceed with selling the home despite her unwillingness?
A: If she is unwilling to sell the property, you can force the sale through a partition lawsuit. In a partition lawsuit, the court will order the property be sold unless it can be physically divided between the parties. Each party may receive an offset of the amount they are owed depending on which owner has paid the mortgage, insurance, taxes, maintenance, and other expenses. Each party may also receive an offset if one party has had exclusive possession of the property. In the many partition cases I have handled, we typically can reach an agreement regarding the sale of the property early in the process. Schedule a free consultation to protect your interest in the property.
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