Is forcing the sale of a co-owned house possible?

UPDATED: Oct 1, 2022

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Is forcing the sale of a co-owned house possible?

My ex-girlfriend and I bought a house almost 6 months ago. 3 months later, I discovered her adulterous behavior and terminated the relationship and moved out. The mortgage and title are in both of our names. She was the sole investor in purchasing the home, I only signed on because she wasn’t approved for the full amount. So the earnest money, the deposit, all that was funded by her. She was looking into refinancing to remove me from the loan so I could just quitclaim deed my half to her but was denied the same day she lost her job. So now she has no income and no way to refinance. I want her to sell the property to get it out of my name, however I also am not interested in any of the sale profits, as I’m financially even minus half of 4 months payments. Would I go the partition action route since I have no interest in any of the value in the home?

Asked on January 7, 2018 under Real Estate Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

That is correct: while a co-owner can force the sale of the home, the only way to do so is by an action for partition. The court can--and in a case like this, probably will--adjust how much each owner gets from the sale, to reflect her larger contribution (which does not appear to be an issue for you), but at least this will get you out from under the home.

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