Who is entitled to house

I bought a house 9 months ago and the loan is in my name. I put my boyfriend on the deed 2 months later. Can I sell the house even if he doesn’t want to?

Asked on August 23, 2018 under Real Estate Law, Kentucky

Answers:

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

Answered 2 years ago | Contributor

No you cannot, at least not without filing for something known as a "partiton". The fact is that as a general rule both owners must agree to a sale absent a court order to the contrary. However, with a partiton action, the owner who wants to sell can request that the property be divided or "partitioned". If that is not practical, as in the case of a single famiy home, the the court will instead order a "sale in lieu of partition". At that point, it will be offered to the general public for sale at fair market value. The proceeds will then be equitably disributed. First, however, the owner who wants to keep the property will be given the chance to buyout the other owner.

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

Answered 2 years ago | Contributor

No you cannot, at least not without filing for something known as a "partiton". The fact is that as a general rule both owners must agree to a sale absent a court order to the contrary. However, with a partiton action, the owner who wants to sell can request that the property be divided or "partitioned". If that is not practical, as in the case of a single famiy home, the the court will instead order a "sale in lieu of partition". At that point, it will be offered to the general public for sale at fair market value. The proceeds will then be equitably disributed. First, however, the owner who wants to keep the property will be given the chance to buyout the other owner.


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