Legal Question in Real Estate Law in Pennsylvania
how to make him sign sale papers?
my (ex)boyfriend & I own a house together. I want to sell, he wants me to wait until he can buy me out. this can be at least a year. He refuses to sign any papers to sell. #1-can I force the issue and #2 how does it work if he could buy me out? thanks.
1 Answer from Attorneys
Re: how to make him sign sale papers?
If you have a co-owners' agreement that spells out how one would buy out the interest of the other, you could follow that.
Without such an agreement, neither of you can force the other to sign papers or do anything with the property.
There is a legal action called "partition" in which a co-owner can ask the court to decide who gets what and how. The court's decision may require that you sell the house and then divide the proceeds of sale. In a down market, as we have now, you would not be able to sell the property for what was the full value of your house.
The cost of taking such an action would probably eat up much of the value of the property, leaving little for the two of you to divide.
If his credit is an issue, it probably will not get much better in one year, especially with the current credit crunch.
If he could buy you out, he probably would have to refinance the house in order to pay you for your interest. If there is a mortgage on the property now, that would have to be paid off before you could be paid for your interest. Part of the "purchase price" he would pay you would include your responsibility for the existing mortgage. At the time of settlement, you would deliver a deed to him, and you [and he] would have the existing mortgage released by paying it off.
If both of you could agree to sell the house [and you should have a written, enforceable agreement to that effect], you would both come out better than continuing to fight over it.
You should have a lawyer represent you to make sure that your interest is protected, both with respect to any agreement with your ex-boyfriend and with respect to your being released from the existing mortgage.