Can I move out to an apartment while owning a house with my ex-partner and not lose my rights to the house?

UPDATED: Oct 1, 2022

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Can I move out to an apartment while owning a house with my ex-partner and not lose my rights to the house?

My ex-partner and I bought a house a year ago. We ended things and it got

messy to the point i can’t stand to live with him no more. I want to get an

apartment but I don’t want him to have 100% ownership of the house. I am afraid if I leave I am giving him the right to have 100% ownership of the house instead of the house being sold and the profits be split in half.

Asked on July 16, 2018 under Real Estate Law, Nevada


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, moving out does not affect your ownership to property--many people own property they do not live in (2nd homes, investment property, properties with spouses they have separated from, apartments or homes bought for an adult child or elderly parent, etc.) without losing their rights. If you are on the house's title you are an owner; your living arrangements or location do not affect that. If you are a half owner, you will remain entitled to half the profits; and if he will not agree to sell the home, you could force the sale by bringing a kind of legal action traditionally called an action "for partition" (your state may have a different name for it) in which you ask for a court order compelling that the property be sold and the proceeds (after paying cost of sale and any mortgage, liens, etc.) be divided amongst the owners.

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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