If I bought a house with my girlfriend and we split up, can I make her buy me out?
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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 12 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.
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