Can a co-owner force the sale of a house?

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Can a co-owner force the sale of a house?

My daughter owns a house with her ex-boyfriend. He asked her to leave and he continues to live in the house. He keeps asking her for money to pay halfof the bills that he said he would pay when she moved out. The only thing in her name is the mortgage. She wants to sell the house but can’t without is consent, is there anything she can do to sell this house? How much is she responsible for when she does not live there anymore?

Asked on June 8, 2012 under Real Estate Law, Louisiana

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your daughter is solely on the mortgage with respect to a home solely in the name of her former boyfriend she does not own the property, he does. Just because she is on the mortgage does not mean as a matter of law that she is an owner of the property you are writing about.

However, if your daughter paid for the home and there is equity in it, is the possibility that she can bring a legal action against her former boyfriend for a declaration and determination by the court that she has an interest as an owner in it.

Once determined to have an ownership in it, she can force a sale of it. I suggest that she consult with a real estate law attorney about such an issue.

If she is not on title to the home and she does not claim an interest in it, she does not to make payments as to it.


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