What are my rights toa home that I bought with my boyfriend?
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What are my rights toa home that I bought with my boyfriend?
I split with long term boyfriend, with whom I own a house. I still live here but he makes it unbearable so I want to leave. What are my rights to the house? Both names are on the mortgage.
Asked on January 2, 2011 under Real Estate Law, Massachusetts
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
If your name is on the title then you are a co-owner. As such, you can force a sale of the property by pursuing what is known as "partition". This is a legal remedy available to co-owners of property when they cannot agree as to ownership matters. Partition allows for the division of property among co-owners; any co-owner can file for such an action. Accordingly, if a property can be physically divided the Court will so instruct. However, where division would be impracticable (as in the instance of a single family house) a Court would order a sale in lieu of partition and an equitable division of the proceeds among the co-owners. Before doing so however, the court would permit one co-owner to purchase the interest of the remaining co-owner at fair market value.
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