As co-owner of a home what rights do I have if I want to move because of issues with the other owner?

Asked 11/14/2009 under Real Estate | 176 View(s) | More Legal Topics

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You are always free to move.  I think what you are asking here is, can you sell the house or at least have the other owner buy you out?

The law provides an equitable remedy known as "partition"; this term means the division of property among co-owners.  Real property held by co-owners as a tenancy-in-common or a joint tenancy may be partitioned.

If a property can be physically divided the Court will so instruct.  However, here division would be impracticable since we are dealing with a single family dwelling.  In this instance, the Court will either (1) order a sale of the property and an equitable division of the proceeds among the co-owners; or (2) order a partition which would permit one co-owner to purchase the interest of the remaining co-owner instead of a physical division of the property or a court-ordered sale.

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