How does a person get bought out or sell their house when they leave a relationship but the other homeowner still lives on the house?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How does a person get bought out or sell their house when they leave a relationship but the other homeowner still lives on the house?
An unmarried couple own a home
together they break up and 1 person
moves out. How does that person get
the one still occupying the home to
either buy him out or sell the house?
Asked on January 23, 2017 under Real Estate Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
When co-owners cannot agree as to ownership matters, the law provides a remedy known as "partition”. This allows for the division of the property among the owners. Accordingly, if a property can be physically divided a judge will so instruct. If, however, division would be impracticable (such as in the situation of a single family house), a court would order a "sale in lieu of partition". This allows for the sale of the property with an equitable division of the proceeds among the owners. However, first the court would permit one of the co-owners to purchase the interest of the remaining co-owner at 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.