Can I force a sale of home and bid at the auction?
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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
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 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.
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