get my share

Guest

I am splitting with my boyfriend and want the house to be sold and start over a new life in a different state but he does not want the house sold or give me amount for the value of my share in the house. what should I do, we own the house together as joints tenants

Guest

Hi,

You can file a partition lawsuit and in that situation the court will force the sale of the house and divide the sale proceeds between both of you.

colin · Posted: Tue Oct 31, 2006 3:19 pm Post subject:

Hi JB,

Partition lawsuit or a Partition action is the only option if he does not agree to buy your portion of the house from you or agree to the sale. To avoid this kind of law suit you can tell him that you are willing to quit claim your portion of the house for the value of your share and it will help to avoid expenses for both of you towards the costs and attorney's fees.

If a mutual agreement does not work out then you will have to file a partition suit after which summon will be issued by the court to your boyfriend. You also need to file for a notice which is know as a pending action notice or Lis Pendens which will help to inform that a legal case is pending against the property.

After the appraisal of the house to determine the value of the house, the court will provide a judgment for the sale of the house by a real estate professional appointed by the court and distribution of the proceeds between you two.

Thanks
Colin

sara

Hi Jb,

If your boyfriend does not agree to the sale of property or does not wish to offer the vale for you share of interest, then filing a partition lawsuit seems to be the only option here.

Without a partition lawsuit being filed to force the sale of the property, you can't convince your boyfriend to allow you to sell the property. You should try to file first because you being the party that has made the claim initially, you have a fair chance of making him pay some or part of the costs involved in the legal process. And, I don't think he can do much to defend himself.

You may consult an attorney for further guidance in this process.

Thanks,

Sara.

Guest

I would like to buy out my business partner in the house owned by both parties.I live in the house and pay monthly payments as agree upon in a promissory note. The house is being listed for sale. Can I buy the house and use my half for the equity I have paid into for 16 years? I also pay taxes and my own insurance. I am not in arrears have never missed a payment or taxes, and insurance is paid each month.I have never violated my contract.
Thank you kindly

gmakerley · Posted: Wed Sep 02, 2009 6:22 am Post subject:

honestly, no, you cannot buy your own house. what you might do instead is to refinance the mortgage on the home, buying out your partner in the process with the cash-out proceeds of that refinance.

catharin9 · Joined: 14 Jul 2009 Posts: 169 -0.07 Dollars($)

Is partition law suit help in this type of queries?

gmakerley · Posted: Thu Sep 03, 2009 11:34 am Post subject:

why would anyone want to begin a lawsuit for partition in a friendly transaction? what a colossal waste that would be.

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