If my partner and I are not married but both of our names are on the deed of our house and we were to break up, what would happen to the house?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my partner and I are not married but both of our names are on the deed of our house and we were to break up, what would happen to the house?

My partner and I purchased a house together, so both of our names are on the deed. We aren’t planning to break up, but I just wanted to know what would happen if we did split down the road? Could either of us sell the house without the other’s permission? Could I legally force him to pay me 50$ of the equity in the house if we don’t sell it?

Asked on April 26, 2017 under Real Estate Law, New York

Answers:

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

Answered 7 years ago | Contributor

There is a legal remedy employed when co-owners property cannot agree as to ownership matters; it is called "partition". In such an action, if a property can be divided, it will be. If it cannot be divided, then the court will order its sale with an equitable distribution of the proceeds. That having been said, before offering the property to the public, any owner who wants to keep the property will have the chance to buy out the other owner for fair market value.

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

Answered 7 years ago | Contributor

There is a legal remedy employed when co-owners property cannot agree as to ownership matters; it is called "partition". In such an action, if a property can be divided, it will be. If it cannot be divided, then the court will order its sale with an equitable distribution of the proceeds. That having been said, before offering the property to the public, any owner who wants to keep the property will have the chance to buy out the other owner for fair market value.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption