If an unmarried couple own a home, what is the best way to get out?

An unmarried couple own home together, both on deed and both on mortgage. She wants out but he cannot afford to buy her out and he refuses to sell. There is equity in the home. What would be her best solution to get out?

Asked on September 13, 2017 under Real Estate Law, Florida


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

Answered 3 years ago | Contributor

She can file a "partiton" action. In such an action the court will order that the property be divided, if possible. If not (such as in the case of a single family home), the court will then order a "sale in lieu of partition". This means that uness the party who wants to keep the propety can buy the other party out, it will go up for sale to the general public. Once a fair market offer is accpeted, the property is sold, all proceeds are equitably distributed. 

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