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Partner Problems/Jointly Owned Home

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legallychalleng

Junior Member
What is the name of your state? California

My boyfriend and I reside in our owned home and each of our names are on the deed/title. We each contributed equal amounts for the down payment (about 20% of price each) and purchased as joint tenants. The mortgage is only in my name, as his credit was not good at time of purchase. I now feel that we need to spend some time apart and do not want to live together. He refuses to leave...I assume that I cannot legally force him. If I decide to leave, how can I protect my interests if we choose to not sell the home immediately? Can I legally force a sale? Any other options? I really appreciate any advice...thanks so much!

What is the name of your state?
 


LindaP777

Senior Member
What is the name of your state? California

My boyfriend and I reside in our owned home and each of our names are on the deed/title. We each contributed equal amounts for the down payment (about 20% of price each) and purchased as joint tenants. The mortgage is only in my name, as his credit was not good at time of purchase. I now feel that we need to spend some time apart and do not want to live together. He refuses to leave...I assume that I cannot legally force him. If I decide to leave, how can I protect my interests if we choose to not sell the home immediately? Can I legally force a sale? Any other options? I really appreciate any advice...thanks so much!
Have him buy out your half and refinance the house in his name. Or . . .
You buy out his half, more than likely requiring refinancing the house. Or . . .
BOTH agree to move out and sell the house. If you don't, you can not protect your
interest. If he is not agreeable - partition lawsuit. Costs a lot of $$$ and takes a lot of time. FWIW - this is not you best option!
Members, this is why we caution people AGAINST buying a house together when you are not married.
 

tranquility

Senior Member
I would worry about this a lot right now. You are both on title and only you are on the mortgage. This is a recipe for disaster. Don't do anything rash, but make your sole focus of most everything you do to get the mortgage and the title the same. Imagine a silly looking robot with arms wailing about yelling danger, danger! (If you don't get the reference, ask your mother.)
 

legallychalleng

Junior Member
Ok, thanks for the very clear and sound advice. I understand my options...I was hoping there would be others. I guess I do see the robot with the wailing arms yelling danger (didn't have to ask my mother!). Wish I would have seen it sooner.

I was under the impression that if one party wanted to sell a jointly owned propertly that the other needed to legally comply.
 

LindaP777

Senior Member
I was under the impression that if one party wanted to sell a jointly owned property that the other needed to legally comply.
Sorry, it's not that simple. Both parties have rights. If one owner was able to sell a house without the other owners consent, only one owners wishes are granted and not both. That's not really fair, is it?
 

OwnedJointly

Junior Member
Similiar Situation

My partner and I co-own our home in Florida (both our names are on the mortgage). I want to sell the house and need my half of the proceeds from the sale in order to move, but my partner does not want to sell. I was just informed today, by our county courthouse, that I would need to pay $155.00, upfront just to open/start a civil case. Then fill out a lot of paperwork, pay again to have my partner served with court appearance papers, then wait for 3 - 4 months for my case to be heard in front of a judge. Or I can hire an attorney, (even more expensive, which I cannot afford because I am disabled and my only income is from social security disablity, which is very very limited). I am afraid to leave without selling the house first because I am afraid that this would be considered abandoment and then I would loose my rights as an owner of the house. My partner refuses to buy me out and I don't have sufficient income to refinance the mortgage solely in my name. So basically I am stuck and it sucks! :(
 

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