Forcing co-owner who isn’t paying anything to sign a quit claim

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Forcing co-owner who isn’t paying anything to sign a quit claim

My girlfriend at the time and I bought a house 2.5 years ago. She was in Canada and I am in the US. She gifted me half of the downpayment and is listed as a co-owner on the deed. We agreed to 50/50 sharing of costs with the intent she would find work and/or move to the US with me asap. The move never happened and she never looked for work. We’ve since broken up. She’s never paid for any upkeep, maintenance, taxes, insurance or mortgage. What are my rights as a co-owner left with 100 of the costs not 50?

Asked on April 25, 2018 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You cannot force her to sign a quitclaim deed: you have no legal right to make her give her ownership interest to you.
All you can do--that is, the recourse which the law provides to you--is to file a type of legal action traditionally called an action "for partition," though your state may have a different name for it. This is a legal action in which you seek a court order compelling that the property be sold to a third party and that the proceeds (if any), after paying the cost of the legal action and sale, and also paying off the mortgage, be divided among the owners. In this legal action, you can ask the court to take cognizance of how much each owner paid (e.g. her gift to you of the downpayment; the monthly amounts you have paid since then) and make allowance or adjustment in how much each owner (you and her) get after the costs and mortgage are paid. But the sale is a fair market value sale; you can't force her to give you here share or interest.
If you are interested in exploring this option, consult with a real estate attorney.
 


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption