How do I sell a jointly owned home?

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How do I sell a jointly owned home?

I have been divorced since 2006; however agreed to jointly own a home with my ex via a separation agreement. The agreement states specifics on the co-ownership. At this time, I wish to sell the house and she refuses. I want to pursue a court order to sell the house. I know I need to seek “partition” of the home. How does this process work? What do I need to bring to court? What are my legal rights?

Asked on July 22, 2010 under Real Estate Law, North Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

What you may need to do is to bring the action for partition couched in an action to modify your agreement.  Modification is generally permitted when a change in circumstances occurs.  Partition if generally permitted for almost the same reasons: when the property is too costly to contimue to maintain and one party can not do so any longer so they ask the Judge to split or divide the asset.  The court usually orders the asset sold.  This is not something that you should seek to do on your own.  You need legal guidance from an attorney in your area.  It can be long and drawn out.  Maybe negotiating a buy oyut would work?  Check out your options.  Good luck.


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