Can a partner that you never married force you to sell your house if their on the deed?
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Can a partner that you never married force you to sell your house if their on the deed?
I bought a home 4 years ago. My name is the only name on the mortgage, water, electric, gas, and so
forth. I’ve paid all the bills in the house and I made the mistake of putting a woman I was in love with on the deed. We renovated the house in which I paid for a new roof, new siding, new addition, new electric and water lines ran throughout, so in laments term I’ve paid for everything. We have reached an end of our relationship and it has become extremely messy in which she is in her words
Asked on May 6, 2017 under Real Estate Law, Kentucky
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Actually, they can. The law provides a legal remedy known as "partition". This is employed when co-owners of property cannot agree as to ownership matters. In a partiton action, the court will order that the property be divided, if feasible. If not (as in the case of a single family dwelling), it will instead order a "sale in lieu of partition". Accordingly, the property will be ordered to be sold with the sale proceeds to be equitably divided. This means that the court will take into account all monies that you alone have paid into the property (assuming that you have proof of same). That having been said, before the property is put on the open market, any owner who wishes to retain it, can buy out the other party for fair market value less any equity that the purchasing owner has put into it. At this point, you should consult directly with a local attorney as to all of this. After hearing all of the details of your situation, they can best advise you further.
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