If my ex fiance andI own a house together, canI force him to sell it?
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If my ex fiance andI own a house together, canI force him to sell it?
My ex-fiance and I bought a house together 4 years ago. We have since broken up and he has married. We are both on the title and mortgage. He owes me $25,000. He decided to sell the house and before I signed the paperwork, I made him sign an agreement that the money owed to me would be paid to me at close of escrow, which he did. He took the house off the market last week and has decided to live in it. Can I force him to sell the house in order to pay me? Or can I force him to re-finance and get me off the title?
Asked on April 13, 2011 under Real Estate Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
If your name is on the title then you are a co-owner. As such, you can force a sale of the property by pursuing what is known as "partition". This is a legal remedy available to co-owners of property when they cannot agree as to ownership matters. Partition allows for the division of property among co-owners; any co-owner can file for such an action. Accordingly, if a property can be physically divided the Court will so instruct. However, where division would be impracticable (as in the instance of a single family house) a Court would order a sale in lieu of partition and an equitable division of the proceeds among the co-owners. Before doing so however, the court would permit one co-owner to purchase the interest of the remaining co-owner at fair market value.
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