If I am joint owner on the deed to my house, is there any way to force the other owner to buy me out?

Question

New York, Joint Owners on Deed, House currently on the market, not able to live in the house due to hostile environment created by joint owner

Answer 1

The only thing I can think of is if that joint owner is not contributing equally to his obligations eg upkeep, bills, taxes etc Then you can collect proof of this and take him to court and propose that he pay up or sell out to you.

Answer 2

Joint tenancy ownership form is available when two or more co-owners each have an equal share of property. The deed must say title is taken as "joint tenants." Each joint tenant is an equal co-owner of an interest in the entire property. The key characteristic of joint tenancy is that when a co-owner dies, his or her ownership interest goes to the other co-owners. Ownership passes by law, not by a will. Because of this feature, eventually the last surviving joint tenant will own the entire property.

If property held by two people is not community property or joint tenancy, it's a tenancy in common. Tenants in common are also co-owners of property. Unlike joint tenancy, though, interests of tenants in common need not be equal. Many problems arise when unmarried couples, or two people own property together. For example, assume that two people own a property together - whether as joint tenants or as tenants in common - and there is no evidence of any agreement of the proportion in which each each joint owner owns the property. In the absence of evidence to the contrary the law will assume it is held equally-50/50. Cause for injustice could be created where one of the joint owners pays the deposit on the property and pays all the mortgage. If the couple/partners were to split up then the person who had contributed nothing claims s/he is co-owner and therefore entitled to half net proceeds of a sale. Even worse is the joint owner who has not contributed to the deposit or the mortgage might continue (not make any contribution) for many years until the joint owner who has remained and who has continued to pay the mortgage wants to sell. At this point the absent co-owner who has contributed nothing appears to claim half. The signature of both joint owners is required to effect a sale and so the joint owner will not be able to sell the property without the signature of the other joint owner. It is this power which gives the absent/non contributory joint owner a great deal of leverage in such a situation.

In general a property belongs to the person(s) who have paid for it. Unless there is an agreement to the contrary, it would be possible for the person who has paid the deposit and the mortgage payments to claim that the property was his/hers alone despite the fact that it was in joint names. The difficulty is that it has to be proved which can be difficult when perhaps many years have gone by. The person who has not contributed could acknowledge non-contribution but was made joint owner "in return for doing housework" In short, joint ownership with these issues are most likely resolved by litigation. Rather than enter into the uncertainty and cost of litigation, possible a joint owner may simply prefer to agree on a figure to buy off the claim. In general it is better when cohabiting/own with a partner, either to buy the property in the name of one person alone and make quite sure the other does not contribute to the purchase or improvement of the property or else to have a definite agreement (a "trust deed") setting out precisely what share each person is to have if the relationship breaks down.

When a property is jointly owned it is generally the case that each joint owner has the right to insist on a sale. Unless there is some agreement to the contrary this is what a court would order in the event of a dispute. So, if one joint owner wants to remain in the property and perhaps buy out the other joint owner's share it is absolutely vital there be a proper written agreement to that effect. If there is not a written agreement with provision for buy-out options, then either joint owner can insist and force only a sale and there would be nothing the other could do about it.

Answer 3

Generally no. About all you can do is sue for partition. If successful, this will force the sale of the property with the proceeds divided equally among the owners. Since the property is currently on the market, suit for partition would be a waste of time and money.

That said, it takes two to tango. If the environment escalates to violence, there's always the police or a restraining order. But you'd better be squeaky-clean innocent if you decide to go that route.

Since the property is on the market, you always have the option of buying the other person out. Once that deal closes, evict them if they don't move out by closing.

Answer 4

I'm not a lawyer or from New York. Generally, the most you could do is force a sale and get your share of the proceeds. If the other owner did not want to sell, they could choose to buy you out instead. If the house in already on the market, there is probably nothing more you can do.

Answer 5

OK, you cant force them to but you can persuade them to buy the other half. if that doesn't work i don't know what to tell you.persuasion could be sell it for a lower cost

Answer 6

Talk to an attorney. This one is a minefield of conflicting precedents.

Most attorneys will give you a free consultation for your options.

Answer 7

No. You cannot force anyone to buy your portion of this house.

Answer 8

1.talk to your lawyer. file a law suit. get a restraining order against this other person.

Answer 9

Hey I'm from NY and trying to do the same.. swap info?? Let me know..

Answer 10

No., no more than he can force you out.