Legal Question in Real Estate Law in New Jersey

Re: I have the mortgage, two people on the title...can I force the sale of the home?

You will need to file a lawsuit, called a Partition Action. The Court can require that if one of you does not buy out the interest of the other, then it will be sold and the net proceeds split.

Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, you may want to contact a real estate attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. If you call me, mention Law Guru and your first one hour consultation will be free. Good luck! Rob Gleaner

Re: I have the mortgage, two people on the title...can I force the sale of the home?

If you and your co-owner cannot agree on disposing of the property, one of you will have to bring an action to partition the property. This is a legal action which may result in a court ordering the sale of the house and how the net proceeds [after paying all costs of sale and liens] will be split between you.