Legal Question in Real Estate Law in New Hampshire

co owning a home

he & i own home together. his name on deed but not on mortgage. we broke up. he wont move out.how do i get my house back or sell it legally


Asked on 12/27/08, 10:39 am

1 Answer from Attorneys

Bruce L. Dorner Dorner Law Office

Re: co owning a home

When two or more people own a house together and can not agree on how to occupy or sell the property, you may petition the Superior Court in an equity action called a Petition to Partition. The court will determine the rights of each party and may order one party to sell or transfer his or her interest in the real estate or force a sale of the property with an order on how to divide the sale proceeds.

In most cases the assistance of an experienced attorney is advisable. Please note that if his name is not on the mortgage, it is your responsiblity to make peace with the bank regarding the debt.

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Answered on 12/27/08, 12:37 pm


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