Can I sell my half of a home????

**thedubon** · 10-08-2007, 05:36 PM

I'll try to keep this short. When I was pregnant my ex-fiance and I needed money (I was on maternity leave and he was in law school only working part time) so I decided to refinance my home, and in the process I was told by him that I was signing refinance papers, when in fact I signed paperwork for him to be on the title of my home that I bought on my own and paid all taxes and mortgage on my own. Long story short, I do not want to be in this home anymore, I am married now with a second child and I want to start my new life but I seem to be stuck in a rut because he will not agree to sell the house and go our seperate ways, mainly because he had horrible credit and now is using the ownership of a home for decent credit. I really need help. Can I sell my half of the title, or is there a least expensive way of taking him to court and having the judge make him sell the house since we were never married, can it be seen as 2 business partners not wanting to be partners anymore. PLEAS HELP ME.

**Codythebest** · 10-08-2007, 05:50 PM

I'm not a lawyer, so don't take my words as practicing law. I think that whatever you want to do with this property, you will need the consent of every parties on the deed...in writing...

**Hannigan** · 10-08-2007, 08:16 PM

I'm not a lawyer either. Sounds like you should consult a lawyer in your state. If your ex passed the bar, don't be intimidated--it might be to your advantage.

**Cash Home Buyers _ com** · 10-08-2007, 08:48 PM

Yes, you can sell your part individually, but you will have a tough time finding a buy for obvious reasons.

You can bring a court action to sell the house which is called a partition action asking the court to dispose of jointly held assets.

You should also be clear on ownership and liability on the loan. The 2 are distinct and separate from each other. Make sure to check both areas to be sure. You may be able to release yourself from the mortgage or you former fiance, although it is not always easy.

**thedubon** · 10-09-2007, 04:18 PM

Do I need an attorney to file a partition lawsuit (act) or can I go to the courthouse myself and file?

**Hannigan** · 10-09-2007, 04:42 PM

Originally Posted by thedubon

Do I need an attorney to file a partition lawsuit (act) or can I go to the courthouse myself and file?

Really, do yourself a favor and consult an attorney. There might be other options. Sometimes a simple demand letter written on attny letterhead is sufficient to get parties motivated to do the right thing.