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What if I am being forced into a sale of my home for the benefit of my ex?

What if I am being forced into a sale of my home for the benefit of my ex?

Q: What is a partition sale in real estate?

A partition sale occurs when co-owners of a property cannot agree on how to divide it. One or more owners can file a lawsuit to force the sale of the property, with proceeds divided among the owners based on their ownership shares. This legal process can be complex, so consulting a lawyer is recommended.

Q: What rights do co-owners have in a jointly owned home?

Co-owners of a jointly owned home typically have equal rights to use and enjoy the property. However, each owner also has the right to sell their share or seek a partition sale if they cannot agree on the property's use. It's important to understand the specific terms of ownership and any agreements made between co-owners.

Q: How does a lien affect ownership of a property?

A lien on a property indicates that a creditor has a legal claim against it, often due to unpaid debts. This can complicate ownership, as the lien must be resolved before the property can be sold or refinanced. If you have a lien, it’s advisable to consult an attorney to understand how it impacts your rights as a co-owner.

Full question:

Never married bought a home together in 1972. Man left not to surface for 35 years. I paid all mortgage, taxes, repairs. Now, man shows up says he says his 1/2 (quick claim) to a forclosure specialist. This man is trying to force me out with a partition sale. I have proof of all monies spent. Have a 20 thousand lein and some back tax to pay. As tenanets in common do I own a greater %? After 35 years does the first man even have any right to sell?

Category: Real Property
Subcategory: Sales
Date: 04/07/2025
State: New York

Answer:

Based on the information provided, or nature of the matter, we are unable to assist over the Internet. It would probably be best that you consult a local attorney for assistance with this, who can review all the documents and facts involved.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Can a co-owner sell their share of a jointly owned property without the other owner's consent?

Yes, a co-owner can sell their share of a jointly owned property, but this may depend on the terms of ownership. If the property is owned as tenants in common, one owner can sell their share without the other's consent. However, the other co-owner may have rights to challenge the sale or seek a partition action to divide the property. It's best to consult an attorney for specific advice based on your situation.

What is a partition sale in real estate?

What rights do co-owners have in a jointly owned home?

How does a lien affect ownership of a property?

What happens if one co-owner has not contributed to the property for many years?

If one co-owner has not contributed to the property for many years, their ownership rights may still remain intact unless a legal agreement states otherwise. However, the contributing co-owner may have a stronger claim to a larger share of the property based on their financial contributions. Legal advice is essential to navigate these complexities.