if 2 people own a home , can 1 of the 2 sell his or her share

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if 2 people own a home , can 1 of the 2 sell his or her share

I own a home with another person and we lived together for 26 years. I moved out 2 years ago but my name is still on the deed. this is in westland, mi. I made almost 99 of all the house payments with taxes included in that payment. do I still own half of the property and can I sell my share without her knowledge

Asked on March 22, 2017 under Real Estate Law, Michigan

Answers:

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

Answered 4 years ago | Contributor

You can file what is known an action for "partition". This is a legal remedy employed when co-owners of property (real or personal) cannot agree as to matters of ownership. In such an action, if the property in question can be equally divided it will be. If it cannot be divided (as in the case of a single family house), then the court will order its sale with an equitable distribution of the proceeds. However, before offering the property to 3rd parties, any owner who wants to keep the property will have the opportunity to buy out the other owner for fair market value. Note, as stated, the proceeds will be "equitably distributed", which in your case means that an allowance will be given to compensate you for the mortgage payments that were soley made by you.


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