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08-01-2008, 01:06 PM
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Senior Member
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Join Date: Feb 2008
148 posts, read 137,262 times
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Can i sell my house if....
If i was a primary home owner and i have a secondary owner signed also,do i have the right to sell my share of the house when he does not want to sell?What are the legal implications on such a case?
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08-01-2008, 01:10 PM
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Real Housewife of Dallas
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"Happy Last Monday of 2009"
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Join Date: Jun 2006
Location: The Big D
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One Word: LAWYER.
I don't even know of a realtor that would touch that with a ten foot pole to list it.
Is this a divorce case or inhertiance? In either case the judge can rule to have the property sold and the proceeds split between the parties. OR, the party wanting to retain the property can pay the one wanting to sell their portion of the property and then keep it. If they don't have the money to buy the other half out then the judge can make them sell it entirely.
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08-01-2008, 01:12 PM
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Senior Member
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Join Date: Feb 2008
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Not a divorce case more like i want to sell to buy my own home now and he does not want to sell nor can he afford to buy my share.
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08-01-2008, 01:13 PM
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Senior Member
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Join Date: Apr 2007
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You could also call a title company if you can't get a free consultation from a lawyer.
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08-01-2008, 02:49 PM
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Real Estate Agent
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"Could I tell you some stories"
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Join Date: May 2008
Location: DFW - Coppell / Las Colinas
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The odds are you both will need to sell if both your names are on the mortgage / loan. Don't know your situation but a good rule in real estate is you never buy a home with someone unless your married. Domestic partners should always have a written buy / sell agreement & a will.
Instead of going to the expense to buy & sell a new home can you buy out the other person and stay in your home ?
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08-01-2008, 03:10 PM
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Senior Member
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Join Date: Feb 2008
148 posts, read 137,262 times
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Quote:
Originally Posted by Rakin
Instead of going to the expense to buy & sell a new home can you buy out the other person and stay in your home ?
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My first home is in NJ.I was thinking i would have priority since i was the primary owner and he was secondary.But i guess not. |
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08-01-2008, 03:39 PM
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life is a bowl of cherries... pits included, haha
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Join Date: May 2008
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Is this person on the mortgage too? responsible for a % of the payments?? I am kind of confused...
sounds like you meed to speak with a lawyer.
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08-01-2008, 03:51 PM
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Real Estate Broker
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Join Date: Jul 2007
Location: Mountain Ranch, CA The heart of Calaveras County
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You can sell your half of the property if you are a tenant-in-common with your partner. If you are joint tenants, you can't force him to sell and you couldn't sell your half of the property.
If you are a TIC, it would be fairly hard to find someone who would want to be a partner in the home with a complete stranger. Maybe try a craigslist ad and see what happens.
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08-01-2008, 08:35 PM
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Real Estate Agent
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"Is seeing the light at the end of the tunnel"
(set 15 days ago)
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Join Date: Oct 2007
Location: Salem, OR
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Is there a relative who might want to partner with the other party on the deed who could buy out your portion?
You can't just sell out from under someone. They have to sign the docs agreeing to the sale as well. That is why FSBD's (For Sale By Divorce) are so painful for real estate agents.
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08-02-2008, 06:01 AM
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Use your computer to help cure cancer.
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Join Date: Jun 2007
Location: NJ
5,111 posts, read 3,597,288 times
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Quote:
Originally Posted by jerzstyle00
If i was a primary home owner and i have a secondary owner signed also,do i have the right to sell my share of the house when he does not want to sell?What are the legal implications on such a case?
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What county are you in? I have a really good attorney in Burlington County, he's traveled as far as Somerset County for me.
Send me a direct message. I go to another place, someone made the same type of post, just posted back that it was finally over. She might be able to give you a few tips.
By the time this is over, you will have learned an expensive lesson. Sorry. |
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