I am not married but own a house with another person

UPDATED: Sep 30, 2022

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I am not married but own a house with another person

And I would like to know in detail
what it takes to actually sell the
property., because it seems to be
an issue with the other person
involved they do not want to sell
or leave the house and as I said
we both own the house we’re both
on the deed

Asked on June 13, 2016 under Real Estate Law, Georgia


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

Answered 6 years ago | Contributor

When co-owners of property cannot agree on whether or not to sell (or other matters of ownership), the law allows for a legal remedy known as "partition". This is a legal tool that is employed in a situation such as yours. It entails going before a judge who will either order a division of the property, if practical. If not, then they will order that the property be sold and the proceeds distributed equitably. However, in the event of a forced sale, the court will allow any owner who wishes to retain the property the right of "first refusal" which means that they can offer to buy out the party,for fair market value before it is offered to the public. That having been said, a partition action is time-consuming and expensive. Accordingly, you may want to explain this to the other owner. It's quite possible that after having done so, they will be more agreeable to try and work things out without the need of going to court.

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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