Can one co-owner of property sell it without the other owner’s permission?
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Can one co-owner of property sell it without the other owner’s permission?
I purchased a house with my now ex-girlfriend. My name is first and hers is second on the mortgage. If I don’t want to sell the house can she sell it without my approval?
Asked on March 16, 2011 under Real Estate Law, Massachusetts
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
If co-owners can't agree on as to whether or not to sell jointly held property, the party in favor of a sale can file in court for what in known as a "partition". This is a legal remedy that allows for the division of property among co-owners. The way it works is that if a property can be physically divided the court will so instruct. However, if division would be impracticable, as in the case of a single family residence, a court can order a "sale in lieu of partition". Afterward, the sale proceeds are equitablly divided among the co-owners. But prior to such a sale, the court would permit one co-owner to purchase the interest of the remaining co-owner for fair market value.
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