If I leave my partner, with whom I own a home, am I still the owner if I stop paying half of the payment?

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If I leave my partner, with whom I own a home, am I still the owner if I stop paying half of the payment?

I own a home with my boyfriend. I want to leave the relationship. I want to
know if I have to make half of the payment because he doesn’t want to sell?

Asked on May 4, 2018 under Real Estate Law, Oregon

Answers:

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

Answered 2 years ago | Contributor

Until your boyfriend refinances the house in his own name or sells it, you will remain on the mortgage and be responsible for the payments. Whether or not you still live there is of no legal consequence. As far as selling, you can force a sale even if your boyfriend does not want to. You can file an action in "partiton". This is a legal remedy that is employed in these type cases. In such an action, the court will order that the property be equally divided, if possible. However, since division of a single family home is not practical, the court will instead order a "sale in lieu of partition". Pursuant to this, the property will be ordered to be listed for sale for fair market value, and once sold the proceeds will be equitably distributed. First, however, any owner who wishes to keep the property will have the right to buy out the other owner (again for FMV). 


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