If I have a mortgage with an ex-girlfriend whose name is also on the mortgage, can she make me sell the house if I don’t want to?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I have a mortgage with an ex-girlfriend whose name is also on the mortgage, can she make me sell the house if I don’t want to?
Asked on April 21, 2017 under Real Estate Law, Iowa
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
If your ex-girlfriend's name is only on the mortgage, then no she cannot force you to sell your house. However, if she is also on the title, then as a co-owner she can if fact force a sale. In a situation wherein joint owners of property cannot agree as to ownership matters an action in "partiton" can be filed. This is a legal remedy in which a court will order the division of the property, if practical. If not, as in the case of a single family house, then it will order a "sale in lieu of partition". Once the sale is completed, the proceeds will then be equitably distributed. First, however, before the property is offerd to 3rd party buyers, any owner who wants to retain the property can buy out the other owner(s) for fair market value.
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.