What are my options for property that I bought with my ex-boyfriend?
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What are my options for property that I bought with my ex-boyfriend?
I bought a trailer to put on a property that I do not own with my ex-boyfriend. We had the title put in both of our names in case something happened to one of us –
Asked on August 20, 2017 under Business Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
You have no right to get your money back: when two people own something jointly, neither one is obligated to pay the other out for his/her share unless they had a written contract requiring one to buy out the other. (If they did have such a contract, it can be enforced in court with a "breach of contract" lawsuit). And the seller has no obligation to return any of your money because the situation is not working out for you.
What you can do, if your ex will not voluntarily agree to sell or buy you out, is to bring a legal action for "partition" to force the sale of the trailer: when two people jointly own something and cannot agree as to what to do with it, the court has the power to order its sale and split the proceeds (after paying off any mortgages, liens, etc. and paying the cost of sale) between the owners. If one owner can prove that she paid more than the other, the court also has the power to order that she get more of the proceeds.
If possible, hire an attorney to help you: this can be procedurally complex. If you cannot afford an attorney or insist on doing this yourself, go to the county courthouse customer service or clerk's office, describe the situation, and ask if they can direct you to a set of the relevant court rules and also any sample or template court papers to base your action on.
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