How to keep the house that I bought with former boyfriend as tenants in common?

About 10 months ago, my ex and I bought a house as tenants in common. We are splitting up and I want to keep the house. What are the steps that I need to follow t do this?

Asked on February 19, 2019 under Real Estate Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

He'd have to sell you his 50% interest in the house: as tenants in common, you each had a 50% interest in the home. You can't make him give you his interest in the house anymore than you can make him give you his car, his computer, his anything else he owns: he must agree to sell it to you.
If he is willing to sell it and you wiling to buy it, then leaving aside the issue of a mortgage (see below), you just need a written contract saying that he will quitclaim his interest in the home to you in exchange for you paying him the agreed upon amount. Then after you pay, he does the quitclaim deed to you (and if he doesn't, you could sue him to enforce the contract and make him deed it to you).
If there is a mortgage, check its terms: most mortgage require that the mortgage be paid off before you transfer the property. So in this case, you'd probably have to refinance in your name only as part of taking ownership.


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