Legal Question in Landlord & Tenant Law in New York

I live in a house with my ex-partner of 12 years. My name alone is on the mortgage, but both of our names are on the deed. She has rights of survivorship - she gets the house if I die. I believe this makes us "joint tenants".

I would like to sell the house, but she doesn't want to. She insists that if I want to sell and she doesn't, then there's nothing I can do about it, because both of our names are on the deed. What are my rights in this situation? I've heard about a "right of partition", but don't know if it applies in this situation.


Asked on 8/20/09, 3:30 pm

1 Answer from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Yes. You may commence a partition action to sell the house. Net proceeds would be distributed pursuant to ownership interest in the hosue.

Mike.

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Answered on 8/25/09, 3:40 pm


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