Legal Question in Real Estate Law in New Jersey
Do I have the right to be bought out
Me and my son's father bought a house together. We separated about 9 months ago and I was the one who moved out. I know am looking to be bought out of the house which he won't do because he is unable to get a mortgage on his own. My first question is am I entitled to the equity in the house and how do I pursue getting off the mortgage.
3 Answers from Attorneys
Re: Do I have the right to be bought out
The only way to get your equity is to sale the house or have your ex refinance and put the property only in his name. Please note, you are still responsible for the mortgage. You should do something right away.
Re: Do I have the right to be bought out
I do wish you had spoken to me before you bought the property with your now ex-boyfriend. It is much more difficult and expensive to fix afterward, than it is to set it up right in the first place. If it is in Long Branch, as you are, then it would be in Monmouth County courthouse, in Freehold.
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Disclaimer: you can not rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.
If you own a property with another person, and wish to sell it, there are several ways to proceed. First, you need a clear idea of how much it is worth and how much the mortgage and other debt on the house add up to. Then either you reach an agreement with him, or you file a lawsuit to force the house to be sold. It is not a very difficult lawsuit, but it will take some time and cost some money. You would file the lawsuit in the county where the property is.
Re: Do I have the right to be bought out
You do not say if you are married or only living together, not that it matters either way. As a co-owner, and, assuming, co-mortgage maker, you have responsibility and rights. If neither party can buy out the other, best is to sell the house right away. This is a bad time to sell, as most people with children buy later in the year. Until the house is sold, both of you are responsible to pay the mortgage, so be sure it continues to be paid while the house is being sold. You can straighten out after the sale, if only one of you pays thye mortgage. You do not want a mortgage foreclosure, as this could impact on the sales price. If he has been paying the mortgage, you may have some responsibility to reimburse him, although this gets more complicated, since you moved out and he remained. More information is needed to give you more than this general answer.