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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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.


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