I own a Condominium (joint tenants) with my ex-fiancée (not married). What are my legal options to: a) have fiancée to buy me out, b) have fiancée t

Hello, I own a condominium (joint tenants) with my ex-fiancée (not married). We have split up & I have moved out. Ex-fiancée will not pay the mortgage. What are my legal options? Can I force an arbitration settlement? Can I force a sale? Can I do this without a Lawyer? Ex-fiancée will not buy me out (I have 80% of the equity, mortgage is not upside down) nor sell to me. Refuses to discuss the matter with me. Thank you

Asked on June 29, 2009 under Real Estate Law, California

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You should be able to force a sale.  In many states, you would file a lawsuit for "partition," a common law remedy that divides property between owners;  where the property can't be divided up itself, it will be sold and the court divides up the proceeds.  I wouldn't suggest doing this without a lawyer; one place to look for an attorney in your area is our website, http://attorneypages.com

Of course, you're also concerned with what happens in the meantime.  Your lawyer will need to review all the detailed facts, for advice you can rely on.


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