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I bought a house with my boyfriend - now ex(stupid, I know). We are on the loan together. We bought the house with the intention of getting married and that never happened. I have lived here for 3 years and he lived here for about 1 year. We broke up about 6 months ago and I have been living here ever since. He has secretly put the house on the market and now has someone who wants to buy it. They have offered full price for the home. Do I have to sell? Can he sell without my signature? I told him that I would just have his name removed, but apparently I can't do that either. If I'm right, he can't sell without my signature either. What should we do? Should I get a lawyer?

eric1 · Posted: Mon May 04, 2009 6:21 pm Post subject:

Yes you should get a lawyer. Is your name on the deed?

JKennedySLG · Posted: Mon May 04, 2009 10:05 pm Post subject:

You should contact a lawyer. Your ex obviously wants to cash out his equity on the property. You may end up having to buy out his equity in the property via refinance. I hope this helps...

gmakerley · Posted: Tue May 05, 2009 10:32 am Post subject:

any time that you feel the need to ask "should i get a lawyer?" i would have to suggest that you've already answered your own question. and that answer would be "yes."

savior70 · Posted: Wed May 06, 2009 6:48 am Post subject:

Hi

You said you're on the loan. But are you on the title as well? If you are on the title to the property, you have a legal right to the property and it doesn't seem to be possible for your ex to sell the house without your signature.

gmakerley · Posted: Wed May 06, 2009 6:52 am Post subject:

admin 3 that was a shameless advertisement. i don't know where you got this "davison" reference - the poster made no reference whatsoever to a specific lending institution - but the help necessary to get a modification is available FOR FREE. yes, we all like to make a buck, but most of the folk who need modifications don't have the money to begin with, so bleeding them for a fee that is often exorbitant puts them a bit further back in the whole. now i'm not trying to say that your fee is exorbitant per se, but in my opinion, when something can be had for free any fee is exorbitant.

Guest

I have contacted an attorney (who is a friend of a friend). He has told me because we are both legal owners and neither one is willing to budge in the other direction that if we go to court, a judge would probably order us to sell anyway. Does this seem right? Will I be wasting my time, energy, and money to save my house - just to have it sold anyway? Should I just relent, take this as a life lesson, and move on?

loanlitigators · Joined: 18 Feb 2009 Posts: 6 2.68 Dollars($)

You can't save the house unless you buy it the share of your ex.

jenkin7 · Posted: Fri May 08, 2009 12:51 am Post subject:

Hi help,

The lawyer is right in saying that taking the matter to court might not help your cause. Since both of you are on the title and none of you is willing to give up interest in the property, the judge will, in all probabiity, order a sale of the house and distribution of the proceed among you two. But one thing is for sure that he would not be able to sell the house without your signature because you are a legal owner of the property.

gmakerley · Posted: Fri May 08, 2009 7:14 am Post subject:

i'm in agreement. your lawyer gave you the straight answer, and jenkin is correct in his interpretation.

when two people can't come to agreement about what to do with a property, they pretty much leave themselves with no other option but to take their woes to court.

obviously, it's far easier for you two to resolve this without the need of a court decision.

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