Can I be forced to sell?
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Can I be forced to sell?
I have owned my CA home for 15 years I bought it with my ex-boyfriend. I came in with $22,000 down and he came in with $2,500 down. He made the mortgage payments for the first year and a half. Then he went to prison, at which time I got a notary to go to the jail and have him sign an extended power of attorney because he was going be locked up for 4 years and I needed to be able to make changes to home loan if needed. Since then I have been the one in possession of the property and making the payments and doing maintenance. My ex has been in and out of jail several times since we bought the house and each time was a 4 year sentence. There’s a $10,000 lein from the IRS due to him being locked up in jail. And now, 15 years later, he wants to be bought out. I want to know what he can do legally and what rights I have?Also, I am physically living in the home and have no intention on selling ever. I still have the power of attorney and it’s very detailed. Can I be forced to sell?
Asked on November 8, 2018 under Real Estate Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Actually, if your ex-boyfriend is still listed on the deed, then as a legal co-owner he has the same rights regarding the house as you do. This is true even if you have paid the majority of the downpayment, loan payments, maintnenace and repair costs, etc. This is also true no matter how long that you have solely occupied the house. At this point, you will need to make arrangments for buying him out. If you do not, then your ex can file for what is known as a "partition". This is a legal remedy that is employed when owners of jointly held propertycannot agree as to ownership matters. 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 house), the court will hen order a "sale in lieu of partition". This means that the property will be put on the market for fair market value. When an offer is accepted and the sale completed, the proceeds will be equitably distributed to all of the owners. First, however, the party who wants to keep the property will be given the chance to buy out any other owner who wants to sell.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Actually, if your ex-boyfriend is still listed on the deed, then as a legal co-owner he has the same rights regarding the house as you do. This is true even if you have paid the majority of the downpayment, loan payments, maintnenace and repair costs, etc. This is also true no matter how long that you have solely occupied the house. At this point, you will need to make arrangments for buying him out. If you do not, then your ex can file for what is known as a "partition". This is a legal remedy that is employed when owners of jointly held propertycannot agree as to ownership matters. 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 house), the court will hen order a "sale in lieu of partition". This means that the property will be put on the market for fair market value. When an offer is accepted and the sale completed, the proceeds will be equitably distributed to all of the owners. First, however, the party who wants to keep the property will be given the chance to buy out any other owner who wants to sell.
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