If my domestic partner and I purchased property together as 50/50 ownership, can I sell my share without my partner’s permission?

The relationship is failing and I want to know if I can sell my 50% of the property without his permission. The property contains 2 houses and some land. The down payment was $8000. I paid $6500 and he paid $1500. He has made most of the monthly payments while I paid taxes, insurance and all the running expenses of the house. He claims that this arrangement means that he has control over everthing. I would like to know what my rights are.

Asked on July 18, 2012 under Real Estate Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The key here is how the property is held, and by that I mean look at the deed.  How it reads determines your rights.  If you are simply co-owerns and the deed says nothing more then you are "tenants in common."  If it says "rights of survivorship" then you are joint tenants with survivorship rights.  I am assuming that you are tenants in common.  That generally means that you have the right to do with your share as you wish and if there is no percentage on the deed as to ownereship between you, you own 50%.  Please take your documents to an attorney as soon as you can.  Good luck.


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