I own a home with my ex spouse but we were never legally married we separated and he wind up staying with the house he doesn’t want to sell it and he doesn’t want to buy me off what options do I have

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Asked on September 14, 2018 under Real Estate Law, New York

Answers:

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

Answered 2 years ago | Contributor

In such a situation, when co-owners cannot agree as to ownership matters, the law provides the remedy of "partition". In such an action, if the property in question can be divided a court will so order. However, if it cannot be divided as a practical matter (i.e. a single family house), then the court will order a "sale in lieu of partition". Pursuant to this, the property will be offered to the public for sale. At such time as it is sold, the proceeds will be equitably distributed to the owners. First, however, before it is put on the market any owner who wishes to keep the property as the right to buy out any owner who wants to sell. At this point, you should consult directly with a local attorney who can best advise you further.

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

Answered 2 years ago | Contributor

In such a situation, when co-owners cannot agree as to ownership matters, the law provides the remedy of "partition". In such an action, if the property in question can be divided a court will so order. However, if it cannot be divided as a practical matter (i.e. a single family house), then the court will order a "sale in lieu of partition". Pursuant to this, the property will be offered to the public for sale. At such time as it is sold, the proceeds will be equitably distributed to the owners. First, however, before it is put on the market any owner who wishes to keep the property as the right to buy out any owner who wants to sell. At this point, you should consult directly with a local attorney who can best advise you further.


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