Can I force a sale of home and bid at the auction?

UPDATED: May 3, 2011

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Can I force a sale of home and bid at the auction?

I am an unmarried co-owner in a residence, joint tenancy with right of survivorship and have been for 28 years in OH (no common law marriage). I have been making the full mortgage payment for 30 months and ended the relationship 2 months ago. My ex-partner refuses to sell the house and got a restraining order to prevent me from entering the house I paid for these past 2 months. The court ruled the restraining order invalid. What are options to seek 1/2 the equity of past 15 years when ex-partner is unwilling to discuss let alone sell – I proposed selling and splitting equity or buying his share out to no avail.

Asked on May 3, 2011 under Real Estate Law, Ohio


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am so sorry for your situation.  Generally speaking,  each states has a cause of action - or in other words the basis for a lawsuit - known as an action for "partition" which is an action that asks a court to split an asset that is owned equally in two so that each party can have their fair share.  Now, it is very difficult to split a house in two so what happens in the case of an action for partition of real property is that the court orders the property sold and the proceeds split in two.  If anything it will open the avenue to discussion.  Good luck to you.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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