What is the process for a home, when a brake up happens and we were not married

UPDATED: Sep 30, 2022

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What is the process for a home, when a brake up happens and we were not married

My partner and I purchased a home in May 2016, in Thornton, CO. We have since
then broken up. The break up was not mutual, it was his doing. We have spent the
last three months apart, working on our relationship. As of late it ended. He has
been residing in the home, with his two kids.
We are both on the title, we both pay the mortgage.

What do I do next? How can I get him to work towards selling the home? He cannot
afford to buy me out, and he cannot afford to live in the home without my half of
the mortgage.

Asked on September 7, 2016 under Real Estate Law, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

When the two owners of a home cannot agree as to what to do with it (e.g. one wants to live there; the other wants to sell it or at least be bought out), either of them may bring an action (i.e. a lawsuit) for "partition" in chancery court (a division or part of county court). In that lawsuit, the court is asked to order that the home be sold and the proceeds (after paying the costs of sale, any taxes, and paying off the mortgage) be distributed between the owners. If you wish to explore this option, you should consult with a real estate attorney.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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