Legal Question in Real Estate Law in Kansas

Real Estate Rights Involving Same Sex Partners

My sister purchased a home with her same sex partner a few years ago. My sister plaid the down payment on the home and shared in all payments and expenses using a joint checking account they held together. Her partner took the loan out in her name and holds title in her name only. She did, however, sign a paper which was notarized and signed by two witnesses agreeing that although she held the home in her name only, the house was bought jointly by both her and my sister, and that if their relationship were to dissolve she would immediately sell the property and divide the proceeds equally with my sister. The relationship has dissolved and my sister no longer lives at the residence. Is it possible to force the sale of the home using the agreement they drew up and ensure the proceeds are divided equally? If not, is it possible to file a lien or suit for judgment that will encumber the property until the ex-partner decides to sell willingly to ensure my sister gets her share of the proceeds at that time? Kansas doesn't recognize same sex marriages so the notarized agreement is all we have to rely on. I have power of attorney to act on my sister's behalf so would deeply appreciate any advice. Thank You!--name removed--Sivyer


Asked on 9/08/05, 2:37 pm

1 Answer from Attorneys
Anthony Smith LawSmith

Re: Real Estate Rights Involving Same Sex Partners

Under the facts you described, you may be able to bring a suit agaisnt your sisters former house mate on the written agreement. If the suit is successful, you may be able to have the Judgment act as a lien on the property, although perhaps not the way that you think. Forcing a sale is dificult. However, a Judgement against a homeowner, properly maintained, makes it dificult for the people buying that house to secure Title insurance. Often Title company will require that the Judgment be Satisfied before they will insure title to the property.

Good Luck

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Answered on 9/09/05, 6:51 am


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