Legal Question in Real Estate Law in California
I bought a house in California with my boyfriend as joint tenants. I want to break up and sell now. Do I need his signature to sell? If so what are my options to get my money out, and move on?
2 Answers from Attorneys
You both own an equal interest in the house so yo can not sell without his permission. If you can not get him to agree to a sale of the house, you would have to file for partition, which could cost about $15,000 in lawyer costs and fees.
You could sell only your half interest. You could theoretically sell it to a member of the public, but in the real world nobody would be interested, so your market is essentially the other co-owner.
The serious exit strategy for an unhappy co-owner is a partition action, which is a special kind of lawsuit that asks the court to order the house sold and the net proceeds divided fairly. Although a contested partition action might cost $15,000 (or more), most are settled out of court soon after being filed and served, often one party buys out the other, or they agree to a private sale process. Any issues between the co-owners that can't be resolved by negotiation can be referred to quick, binding arbitration.
I have handled several nearly identical matters, and have one in court (Contra Costa County) now. Please contact me directly if interested in a further free consultation on mechanics and costs of filing for partition.