What forms do i file to sell my house that i share with my ex

UPDATED: Oct 2, 2022

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What forms do i file to sell my house that i share with my ex

My ex boyfriend and i share 50/50
the deed to our home a few months
ago i decided i had enough of the
abuse and left him i think we should
sell the house and pay off mortgage
and split whats left he thinks he
should get everything. What do i
need to do to sell it

Asked on September 1, 2019 under Real Estate Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You need to bring a kind of lawsuit traditionally called an "action for partition" (your state may have a different name for it) to get a court order requiring that the home be sold and the proceeds  (after paying the costs of sale and paying the mortgage) be divided between the owners. You and he are both owners, since you are both on the deed; when the owners of real estate disagree as to what to do with it, a court ordered sale is the only way to break the deadlock. The proceeds will generally be split according to your ownership interests (e.g. 50-50), but if one of you has paid substantially more for the home than the other, the court may give him or her more of the proceeds, to reflect that. 
If you want to explore this option, consult with a real estate attorney.

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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