if 2 people own a home , can 1 of the 2 sell his or her share
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
if 2 people own a home , can 1 of the 2 sell his or her share
I own a home with another person and we lived together for 26 years. I moved out 2 years ago but my name is still on the deed. this is in westland, mi. I made almost 99 of all the house payments with taxes included in that payment. do I still own half of the property and can I sell my share without her knowledge
Asked on March 22, 2017 under Real Estate Law, Michigan
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
You can file what is known an action for "partition". This is a legal remedy employed when co-owners of property (real or personal) cannot agree as to matters of ownership. In such an action, if the property in question can be equally divided it will be. If it cannot be divided (as in the case of a single family house), then the court will order its sale with an equitable distribution of the proceeds. However, before offering the property to 3rd parties, any owner who wants to keep the property will have the opportunity to buy out the other owner for fair market value. Note, as stated, the proceeds will be "equitably distributed", which in your case means that an allowance will be given to compensate you for the mortgage payments that were soley made by you.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.