Want out of joint tenancy ownership

What is the name of your state? California

I am in Joint Tenancy of a home with one other person. We had both lived in the property until December 2004 when I moved out. I wanted to sell the property however the other party decided he wanted to stay in the home. He has lived in the home and made all of the mortgage payments for the past 5 months. He wants to buy me out of the home however he does not want to give me half of the fair market value for the home. He said that he can sue me for my half of the mortgage payments for the last 5 months. He also said that he can keep me from entering the home although most of my furniture is still in the home. Is there any truth in what he is saying? I would like to petition the court for division of property. Can I do this by myself or do I need and attoney? Is this my only recourse?

Thank you,

Teresa Ortez

Yes, he can sue you for half the mortgage payments.

No, he cannot keep you out of the house. As long as you are a joint tenant, you have same rights to enter & possess the property as he does.

Yes, you can file an action for partition: the court will order the house sold and the cash from the sale divided between the two of you.

Is this your only recourse? No, you can negotiate with him. You may not love the price he's offering, but consider that a partition action will require a lawyer (to do it right) and that costs money too.

Financial obligation for half of mortgage

Thank you for the response to my questions. However, I do have a question about my responsibilty to pay half of the mortgage. Since I have moved out of the home and cannot rent it out for the full amount of the mortgage or sale the home until the other half of this partnership agrees, how is it that I am responsible for paying half of the rent? Also, if I were able to rent it out it would be a tax deduction. Am I no longer entitiled to a tax deduction while the other partner lives in the home and pays the mortgage? My partner is asking to keep $80,000 in equity in the home to keep this out of court. I don't think the lawyer's expenses will be that high!

Ortez said:

Thank you for the response to my questions. However, I do have a question about my responsibilty to pay half of the mortgage. Since I have moved out of the home and cannot rent it out for the full amount of the mortgage or sale the home until the other half of this partnership agrees, how is it that I am responsible for paying half of the rent? Also, if I were able to rent it out it would be a tax deduction. Am I no longer entitiled to a tax deduction while the other partner lives in the home and pays the mortgage? My partner is asking to keep $80,000 in equity in the home to keep this out of court. I don't think the lawyer's expenses will be that high!

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You are correct here -- unless you have an enforceable contract that says you are responsible for paying half of the mortgage, the mortgage just has to get paid. Once you partition or sell, then whoever made more of the mortgage payments should get reimbursed for the extra PRINCIPAL part of the mortgage payments made over what the other person paid, plus any extra downpayment one person paid over the other. But you are not required to pay half of the mortgage -- assuming that the mortgage is in both of your names, or even one name or the other, the mortgage company only cares that they DO get paid, they don't care how you work it out amongst yourselves.

Also, as joint owners, you both have an undivided right to the house, as shortbus noted. However, if he refuses to let you in the house, then you have been "ousted" and he is required to pay YOU rent.

Go see a lawyer, and start partitioning.

Am I no longer entitiled to a tax deduction while the other partner lives in the home and pays the mortgage?

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Only the person paying the mortgage interest is entitled to take the mortgage interest deduction.

Ortez said:

What is the name of your state? California

I am in Joint Tenancy of a home with one other person. We had both lived in the property until December 2004 when I moved out. I wanted to sell the property however the other party decided he wanted to stay in the home. He has lived in the home and made all of the mortgage payments for the past 5 months. He wants to buy me out of the home however he does not want to give me half of the fair market value for the home. He said that he can sue me for my half of the mortgage payments for the last 5 months. He also said that he can keep me from entering the home although most of my furniture is still in the home. Is there any truth in what he is saying? I would like to petition the court for division of property. Can I do this by myself or do I need and attoney? Is this my only recourse?

Thank you,

Teresa Ortez

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Q: Is this my only recourse?

A: No; you can settle with him. Take the figure he is offering and add to it $10K. Would you settle for that amount? E.g., if he is offering to buy you out for $100K, would you settle for $110K?

If you sued him in a partition suit and got a huge price for the house, it would still wind up costing you around $10K so you would have to deduct that money off the price for the house.

Just something to think about.