If I co-own a house and want out but my co-owner doesn’t want to sell and has been unable to refinance or assume the loan, what options do I have?

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If I co-own a house and want out but my co-owner doesn’t want to sell and has been unable to refinance or assume the loan, what options do I have?

Asked on April 23, 2012 under Real Estate Law, Washington

Answers:

Kenneth Berger / Kenneth A. Berger, Attorney at Law

Answered 8 years ago | Contributor

In Washington, the typical method to deal with your problem is to file a partition action.  A "referee" is appointed by the court to put the property up for sale or divide the property if that is possible/practical.

I assume that you are not a domestic partner with the co-owner, because if you are there are other options.

As always, my comments are only applicable to Washington State and are not a substitute for getting competent, local, and more comprehensive, legal help.

 

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

Answered 8 years ago | Contributor

Check with ana ttorney in your area as to the factors involved in bringing an action for partition.  An action for partition asks a court to take an asset that is jointly owned and split it in half.  With money that it easy.  With a house it is not, so a court can order the house sold and the money split.  Some states require that you shouw financial hardship in keeping the property.  Good luck.


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