How do I get myself removed from a mortgage or force a sale of the property?
Question Details:
I am on a mortgage with an ex-girlfriend. She said she was going to buy me out of the mortgage, but has delayed the process, and is now refusing to buy me out. Is there a way that I can force her to either buy me out or sell the house?
Real Estate Law Answers
You can't force someone to re-finance; besides in today's economy it is hard to do anyway.
However, the law provides an equitable remedy known as "partition"; this 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.
Related Real Estate Questions
Didn't find your answer? Ask.
Top Ranking Attorneys
- Hong Shen210 Answers|Points 10500Gold Contributor
- Joseph Gasparrini46 Answers|Points 2200Bronze Contributor
- Kelly Broadbent81 Answers|Points 4000Silver Contributor
- Russ Pietryga79 Answers|Points 3900Silver Contributor
- Shawn Jackson17 Answers|Points 850Bronze Contributor
- Glenn M. Lyon, Esq.27 Answers|Points 1330Bronze Contributor
- Hong Shen210 Answers|Points 10500Gold Contributor
- Kelly Broadbent81 Answers|Points 4000Silver Contributor
- Russ Pietryga79 Answers|Points 3900Silver Contributor
- Sharon Siegel62 Answers|Points 3090Bronze Contributor
- Michael D. Siegel56 Answers|Points 2750Bronze Contributor
- Paula McGill50 Answers|Points 2500Bronze Contributor
Are you a lawyer?Want to be featured here? Sign up for a free profile and get started today! Click Here
More Questions Like This...
 |