What are my rights toa home that I bought with my boyfriend?

UPDATED: Jan 2, 2011

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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


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

Answered 12 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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