What can be done if my ex-boyfriend will not agree to sell the house that we used to share?

Title is in both of our names and he will not agree to put it on the market.

Asked on September 18, 2016 under Real Estate Law, New York


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

Answered 4 years ago | Contributor

When joint owners of property can't agree as to ownership matters, the law offers the remedy of "partition". This entails going to court and appearing before a judge who can then order a physical division of the property, if practical. If not, such as in the case of a single family dwelling, they will order that it be sold and the proceeds equitably distributed. Yet, before that happens, the judge will first allow any owner who wants to keep the property the "right of first refusal". This means that they can buy out the other party (or parties) for fair market value before it is offered put on the market. However, such a lawsuit can be costly and time-consuming therefore you may want to inform your ex of this. Possibly after having doing so, he will be more amenable to work things out.

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