Can I force the sale of my joint owned house with my ex-partner?

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Can I force the sale of my joint owned house with my ex-partner?

I have been on the title with my ex-partner of our home since the house was purchased 21 years ago. I left the relationship and home 9 years ago but continued to provide funds toward the house because my ex-partner is on SSA disability. I have tried to live there on and off but leave the house because of the hostile environment. I now want it sold. He now does not want to sell but will not buy me out. I want to force the sale of the house. Could I sue for a partition sale?

Asked on September 28, 2019 under Real Estate Law, Georgia

Answers:

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

Answered 2 years ago | Contributor

Yes, you can sue for a partition. A co-owner can force a sale of property even over the objections of other owners. This is done through the remedy of "partition". Pursuant to such an action, a court will order that the property be divided, if possible. If not, such as in the case of a single family house, then it will order what is known as a "sale in lieu of partition". Accordingly, the property will be put on the market and sold for fair market value. The proceeds then will be equitablt distributed. However, before being offered to 3rd parties, any owner who wants to buy out the other owner(s) can do so.

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

Answered 2 years ago | Contributor

Yes, you can sue for a partition. A co-owner can force a sale of property even over the objections of other owners. This is done through the remedy of "partition". Pursuant to such an action, a court will order that the property be divided, if possible. If not, such as in the case of a single family house, then it will order what is known as a "sale in lieu of partition". Accordingly, the property will be put on the market and sold for fair market value. The proceeds then will be equitablt distributed. However, before being offered to 3rd parties, any owner who wants to buy out the other owner(s) can do so. 


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