Legal Question in Real Estate Law in California

The loan papers do not control the issue of ownership. You are equal owners. Neither can force the other to sell, except by filing a partition motion, which if opposed could cost $10,000-$14,000. In a partition, after the sale, the judge might first use the money to pay your boyfriend the downpayment and you the mortgage payments [unless both of you paid equally], and then split what remains 50-50. You could sell your share of the house, but no one wil buy a 50% interest in a house unless you are selling it for next to nothing.

I'm not sure how you got the lender to loan you the money to buy the house when you only have 1/2 ownership. You have a really messy situation here with you and your dad liable for the loan and the boyfriend owning half the house. You need to consult with an attorney right away. Mr. Shers is right that the only way to force sale is a partition action, so you need to get this dealt with by a negotiated solution or get that partition action going.

You cannot force him to sell the property without a court order. But if you demand he sells and he refuses, you probably can take attorney fees out of his portion (if any) of the sale.