I bought a house with my now ex boyfriend. I put the down payment on the house. He is refusing to buy me out. What are the laws about that? How much am I entitled to? What kind of lawyer do I need to get?
2007-10-01 04:24:18 · 4 answers · asked by K 2 in Politics & Government ➔ Law & Ethics
I am on the deed and the mortgage....we have no written agreement between us.
2007-10-01 06:58:34 · update #1
If your ex is refusing to buy you out, and refuses to sell the home, then you can institute a partition lawsuit in court. The judge will appoint a court-approved real estate broker to sell the property, and the proceeds, minus the costs involved with selling the property, will be divided between you and your ex.
It's that simple.
Edit: In response to your additional details, it doesn't matter if you have no written agreement. Any co-owner can force the sale of the property through a partition action. Even if the deed states that you own 1%, and your ex owns 99%, you can still force the sale, and there is nothing your ex can do to prevent it. There is no such thing as "majority rules" in a property partition suit.
Consult a property/real estate attorney for more information. Your situation is beyond the realm of family/domestic relations law.
2007-10-01 06:52:27 · answer #1 · answered by Mr Placid 7 · 0⤊ 0⤋
You say you bought the house with your ex-boyfriend . . .I assume you are both on the deed, mortgage and note. If this is not correct, let us know.
Was there any written agreement between the two of you? If not, you are each considered equal owners regardless of contribution. You own one half of the house and are entitled to one half of the proceeds when it sells. There is no legal obligation for your ex to sell it now as there is no contract calling for that. You could convince him that it is in his best interest to buy you out now though, as your interest will only increase in value over time.
You need to speak to a lawyer in your state regarding your rights. Any lawyer can assist you but I would suggest a family law/matrimonial attorney. The issues you present are similar in nature to a divorce and divorce attorneys deal with real property issues often enough to be well versed in this field.
You may be able to terminate the tenancy (whether joint tenancy or tenants in common). If you are on the mortgage and note, this will affect your credit for as long as the mortgage is outstanding. That could end up being good or bad for your credit history depending upon what happens in the future.
Best of luck to you.
2007-10-01 05:05:06 · answer #2 · answered by Anonymous · 0⤊ 0⤋
You will need an attorney that is versed in Real Estate. You could find the most undesireable female in your area and introduce her to your ex as the person who IS buying you out.
2007-10-01 04:45:33 · answer #3 · answered by sensible_man 7 · 0⤊ 0⤋
What did the contract state?
need a "domestic" lawyer.
2007-10-01 04:30:54 · answer #4 · answered by Squat1 5 · 0⤊ 0⤋