Co-owning a house with my ex

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Co-owning a house with my ex

My fiance and I purchased a house together. We broke up and I moved out because I didnt want to uproot his children. He will not give me my personal items. Since I own half the house can I go in and get my stuff and can I sell my half to someone else?

Asked on December 3, 2018 under Real Estate Law, Kansas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Yes to both. As a legal owner of the property, absent a restraining order being placed against you, you can enter the house at anytime to retrieve your belongings. If your boyfriend will not let you, you can contact the local police department and see if they will escort you onto the property to get your things. They may or may not get involced as this is actually a civil versus criminal matter, but you can at least ask. Otherwise, you can take your ex to court to gain entry. Also, you can sell your interest in the property to a third party , although it may be ahared to find someone will will want to buy your 1/2 share. However, what you can do is file for a "partion". This is a legal remedy which is employed when co-owners cannot 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), it will order a "sale in lieu of partition". This means that the property will be put on the market for fair market value and when an offer is accepted and the sale completed, the proceeds will be distributed equitably 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 2 years ago | Contributor

Yes to both. As a legal owner of the property, absent a restraining order being placed against you, you can enter the house at anytime to retrieve your belongings. If your boyfriend will not let you, you can contact the local police department and see if they will escort you onto the property to get your things. They may or may not get involced as this is actually a civil versus criminal matter, but you can at least ask. Otherwise, you can take your ex to court to gain entry. Also, you can sell your interest in the property to a third party , although it may be ahared to find someone will will want to buy your 1/2 share. However, what you can do is file for a "partion". This is a legal remedy which is employed when co-owners cannot 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), it will order a "sale in lieu of partition". This means that the property will be put on the market for fair market value and when an offer is accepted and the sale completed, the proceeds will be distributed equitably 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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