Legal Question in Real Estate Law in New Jersey

Multiple owners on home

I own a home with my three sisters.

The mortgage is in my name, but the

title is held by all four of us. We were

all supposed to share in the monthly

mortgage expense, but my older

sister lost her job and the other two

refuse to help saying it is my

responsibility. Along with not paying,

they will not give me permission to

sell the home, as I no longer want it

or the monthly expense. What

recourse do I have to sell the home

without their consent. Also if the

home goes into foreclosure am I only

one that will be affected?


Asked on 7/02/09, 1:42 pm

2 Answers from Attorneys
Laura Foord Laura Akscin Foord LLC

Re: Multiple owners on home

If you desire to sell this house, and the other owners do not agree, you will need to file a case in the Superior Court for partition.

In a partition action, you request that the Court order the sale of the property. You can also request contribution from the other owners of the property for the expenses you have paid, upon proof acceptable to the Court.

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Answered on 7/02/09, 1:53 pm
Bernard J. Berkowitz Berkowitz & Raiken

Re: Multiple owners on home

If there is a foreclosure it will effect your credit the most, but it will also impact the credit of your sisters. The bank would take the house back and then sell it to get their money.

If you want to sell, you will need to file a lawsuit in the county where the property is located for Partition. If one of your sisters agrees with you, you can file together against the others. The legal and appraisal fees will cost several thousand dollars, but the court would probably order all of the ownes to share it. Also, there is a good chance you would be reimbursed for a portion of your expenses when the house is sold. If you want to proceed, please contact my office for an appointment.

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Answered on 7/02/09, 2:16 pm


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