If I bought a house with my girlfriend and we split up, can I make her buy me out?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

If I bought a house with my girlfriend and we split up, can I make her buy me out?

We both put $10,000 down and I paid half the note which came out to be approximately $40,000. I just want my name off of the deed and my down payment back. Is there anything that I can do?

Asked on August 9, 2011 Arizona

Answers:

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

Answered 10 years ago | Contributor

Actually when 2 co-owners of prerty cannot agree as to ownership matters, there is a legal remedy called "partition" which applies. In a partition action, a suit is filed with the court to determine the owners right/responsibilities. Typically, in the case of real estate, the court can order that the property be equally divided, at least to the extent practical. However, in the case of a  single family dwelling, the court can order a "sale in lieu of partition". Accordingly, the property is put up for sale. At such time as it sold, the proceeds are distributed equitably among the parties.

Note: Before the property is put up for sale, the court will give the owner who wants to keep the property the right to buy out the other owner for fair market value.


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