Legal Question in Real Estate Law in New Hampshire

1/2 sale of Joint Tennancy

I own a home deeded '' Joint tenancy w/ right of survivorship'' w/a FORMER girlfriend. I wish to sell, she either does not, or is dragging her heels while the housing market implodes and the possible selling price drops. Several questions. #1) As a Joint tenant, may I sell MY half interest in the home?? #2) The ''X'' has been making noise about going after the assets of my new wife to compensate her for losses on the house. Are any of my new spouse's assets in jeopardy as a result of this house acquired long before our marriage?. #3) The ''X'' has moved in a new boyfriend and his kids, to the home in question. It was MY intent to rent out some of the spare bedrooms to try to offset rent. A I within legal rights, as 1/2 owner of the property, to send invoices to the ''new occupant'' for rent. demand for payment, notice to quit???


Asked on 2/15/08, 12:03 pm

1 Answer from Attorneys

Re: 1/2 sale of Joint Tennancy

You would be hard pressed to "evict" someone who is present with permission, however, you could SUE for lost use and value of the property while it is being used exclusively by the other owner. Also, you can FORCE THE SALE of the property, through a court order.

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Answered on 2/15/08, 12:55 pm


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