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  1. #1

    Question Partner Problems/Jointly Owned Home

    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?


  2. #2
    Join Date
    Oct 2005
    Location
    Ohio (southwest)
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    2,329
    Quote Originally Posted by legallychalleng View Post
    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.


  3. #3
    Join Date
    Mar 2006
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    20,185
    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.)


  4. #4
    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.


  5. #5
    Join Date
    Oct 2005
    Location
    Ohio (southwest)
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    2,329
    Quote Originally Posted by legallychalleng View Post
    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?


  6. #6
    Join Date
    Oct 2006
    Posts
    7

    Unhappy 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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