What are my rights toa home that I bought with my boyfriend?

I split with long term boyfriend, with whom I own a house. I still live here but he makes it unbearable so I want to leave. What are my rights to the house? Both names are on the mortgage.

Asked on January 2, 2011 under Real Estate Law, Massachusetts

Answers:

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

Answered 9 years ago | Contributor

If your name is on the title then you are a co-owner.  As such, you can force a sale of the property by pursuing what is known as "partition".  This is a legal remedy available to co-owners of property when they cannot agree as to ownership matters.  Partition allows for the division of property among co-owners; any co-owner can file for such an action.  Accordingly, if a property can be physically divided the Court will so instruct.  However, where division would be impracticable (as in the instance of a single family house) a Court would order a sale in lieu of partition and an equitable division of the proceeds among the co-owners.  Before doing so however, the court would permit one co-owner to purchase the interest of the remaining co-owner at fair market value.


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