Legal Question in Real Estate Law in California

Re: After a break up I want to sell our house my ex-boyfriend does not. What ar

It does not appear reasonable to force sale and possibly lose considerable money. The lender will continue to seek payment from both of you and unless new financing, both of you will remain responsible. You made the decision to get into this arrangement based on what you believed then to be a reasonable decision. Although you can probably sue for partition, may not be cost effective. A decision you must make.

Re: After a break up I want to sell our house my ex-boyfriend does not. What ar

In answering, I assume you two co-own the house as either tenants in common or as joint tenants. The answer fits either form of holding title.

You can probably force a sale, or so could he, by filing a special kind of lawsuit called a partition action. Partitioning real estate was traditionally a way of splitting the family farm among heirs, but in modern urban settings rather than physical division of the property, sale under court supervision and fair division of the net proceeds is the usual result.

Most partition actions are settled short of final court action by pre-judgment settlement, usually including a buy-out of one owner by another, or perhaps an agreement for private (not court supervised) sale.

Your problem here is that there is no net equity, hence nothing to divide, and the costs of suit and of sale would be significant.

You should be aware that contribution to the down payment may determine ownership. If one partner paid the entire down payment, the house may belong (equitably, and irrespective of how title is held) to that partner, under the principle of "purchase money resulting trust."

Your question seems to include your best option. Have him move in and assume all the mortgage payments. You would need a written agreement covering right of occupancy, duty to make payments, maintenance, insurance, taxes, eventual buy-out or sale, your right to cure any default, etc.

Any such agreement should be negotiated and drafted with the assistance of a lawyer who is familiar with the basic legal concepts covering co-ownership of real property and joint liability on mortgages.

Re: After a break up I want to sell our house my ex-boyfriend does not. What ar

Any written agreement between you and your ex will have no affect on the rights of the lender. If your ex fails to make the payments, your credit will suffer.

My recommendation (from an investment standpoint) is to remain in the house (since he offered) and make enough decorating changes to make it "your" house rather than "our" house. The costs of legal action would negate any benefit from a forced sale.

Many times, buyers who have owned a home for such a short period of time are not only faced with the potential cost of selling, but also with possible pre-payment penalties on loans, even if they did sell. Take a careful look at your loan documents to see if there is a prepayment penalty.

There are other options that can be taken, that are too lengthy to discuss here. If you want more information, call my office.

Re: After a break up I want to sell our house my ex-boyfriend does not. What ar

This isn't oranges and Apple's answer as well as the same kind of question. There is the law that basically says of course you can force him to sell the house but is that smart, in your best interest or tax practical???? I've been practicing law for over 30 years and I understand your emotions. They are the same emotions that many of my clients have been difficult situations. You have to sit back take out to pieces of paper and start writing all the reasons why you should force him to sell the house at this time on one-piece. On the second all the reasons why he you shouldn't force him to sell. More likely than not you're not to understand all the questions or reasons why you shouldn't ask them to sell because they involve personal, financial, and tax consequences to this act. When you're done, no more than two hours later, call an experienced real estate/tax attorney who can advise you, you alone, as to the consequences of this act. To do that you must have all your financial information available to them including the last three years of tax records. When you're done, and this will cost you some money but it is well worth the money spent, you'll be able to then decide what action you wish to take. If he does not consents to sell the house unreasonable terms on the open market, then you'll have to take legal action in the form of a partition action. I am in the San Francisco Bay Area and if you wish to consult with me 925 -- 945-6000.