What forms do i file to sell my house that i share with my ex

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What forms do i file to sell my house that i share with my ex

My ex boyfriend and i share 50/50
the deed to our home a few months
ago i decided i had enough of the
abuse and left him i think we should
sell the house and pay off mortgage
and split whats left he thinks he
should get everything. What do i
need to do to sell it

Asked on September 1, 2019 under Real Estate Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

You need to bring a kind of lawsuit traditionally called an "action for partition" (your state may have a different name for it) to get a court order requiring that the home be sold and the proceeds  (after paying the costs of sale and paying the mortgage) be divided between the owners. You and he are both owners, since you are both on the deed; when the owners of real estate disagree as to what to do with it, a court ordered sale is the only way to break the deadlock. The proceeds will generally be split according to your ownership interests (e.g. 50-50), but if one of you has paid substantially more for the home than the other, the court may give him or her more of the proceeds, to reflect that. 
If you want to explore this option, consult with a real estate attorney.


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