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13 answers

Nope- you have to buy out your partner first.

2007-12-24 04:06:50 · answer #1 · answered by Angela 7 · 1 1

It depends entirely on the arrangement you made - in writing and witnessed or Notarized of course - when you agreed to jointly buy the house.

If noth signatures are on the deed - and the loan, you could, with your partners agreement, sell you share - if you have a document indicating that you have a share to sell.

Make a suggestion to your partner that they buy you out. You will have to have the house appraised and then your partner pays you 50%, or your share, of the value of the house. The partner can make the funsing through the bank and re-arrange the mortgage to cover the funds necessary for the buy-out.

Otherwise - you are stuck. You could also buy your partner out but you said they will not sell. so Partner must buy you out.

Best you talk to a real estate lawyer real quick.

2007-12-24 12:15:39 · answer #2 · answered by organbuilder272 5 · 0 0

How did you and your partner take title?

That will be the determining question. You cant sell a portion of your property without consent from the other person on title, meaning if you have a Realtor write up a sales agreement both of you have to sign the agreement.

Not having all the facts...there is no way to really do justice to answering this question. Talk to your partner and find out why they wont sell.

2007-12-24 12:11:00 · answer #3 · answered by DeeDee 2 · 0 1

It depends on how you took title. While you cannot sell half a house, you can (depending on the title) sell half an ownership of a property.

In North Carolina, for example, multiple people can take title to a house in two basic ways: Either as tenants-in-common, or Joint Tenancy with right of survivorship (known as Joint Tenancy by the entirety when the owners are a married couple).

As tenants-in-common, you can sell your half of the ownership of the property, but for obvious reasons, that usually only works with investment properties.

As Joint Tenants, you cannot sell your half-interest in the property

2007-12-24 13:53:00 · answer #4 · answered by triad_historic_homes 2 · 0 0

No you can't force her to sell. You can sell you share of the house to her or you would have to buy her share. You could also go through a mediator to go between the two of you. The best thing to do is if she doesn't want to sell of buy you out you could go to court and the court could force the issue. It just depends on the circumstances between the two owners.

2007-12-24 12:12:02 · answer #5 · answered by BARB00911 2 · 0 1

If both your names are on the title, you can force your partner to either pay you your portion of the house's value in exchange for signing off the title to him/her, or liquidate the house and give you your share. This will require an attorney, should he/she not be willing to do this directly.

2007-12-24 12:08:46 · answer #6 · answered by darkridr 6 · 1 0

Yes, you can force the sale, but you have go to court to do it.

Your partner will have first right of refusal. The court will ask if he/she wishes to seek a cash-out refinance of the property and will order an appraisal.

You will receive 50% of the difference between the payoff and appraised value.

If she cannot obtain such a loan or cannot qualify for one, the judge will order the home sold. He will either order both of you to get your own appraisals and set the price in the middle or he may order a court-appointed representative to handle the transaction, and you both split the proceeds.

The court will not force you to stay in a real estate transaction.

2007-12-24 12:12:28 · answer #7 · answered by Expert8675309 7 · 0 2

You cannot sell half a house! You might be able to find someone who will take over your share, but you will need to talk that over with your partner.

2007-12-24 12:07:29 · answer #8 · answered by MadforMAC 7 · 0 2

You need to look at your contract - it may have a clause that allows you to sell it to them or if they refuse to sell the house and split the proceeds. Talk to a real estate expert (usually a free consult) just bring your original documents to find out your options. Good Luck!

2007-12-24 12:08:18 · answer #9 · answered by Walking on Sunshine 7 · 0 1

your partner can offer to buy you out. If they cant afford to do that, i cant see that there is any other option but to sell up and split the money

2007-12-24 12:06:58 · answer #10 · answered by L 7 · 0 0

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