If joint owners of real estate cannot agree on whether or not to sell the property, what can be done?

I am separated from my ex we were never married. We have 2 kids and share a mortgage. I cannot afford to move out and pay the mortgage. She pays none of the mortgage but refuses to list the house for sale. We are both on the mortgage, what are my options.

Asked on October 8, 2015 under Real Estate Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

aIn a situation such as yours, the law provides a legal remedy known as "partition". Vie partition, a property is physically divided, if practical. If not, a partion sale will be ordered. This means that with regard to a single family house, it will be ordered by the court that the house be put on the market for fair market value. The sale proceeds will be equitably divided between the co-owners. However, before the property is offered to a third parties for purchase, it will be offered to any of the joint owners who will have the right to purchase first.
Note Parition, etc. can be costly and time-consuming. Perhaps just having an attoreny write your ex a letter and explain that the house can be sold over her objection anyway might get her to change her mind. After all, she would be responsible for her share of the legal expenses regarding the partition sale.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.