How to make ex-partner buy me out or sell jointly owned home after seperation?
My partner and i recently separated due to domestic violence. We jointly own a home and i voluntarily left the home due to saftey reasons. We are ex spouses and was not married when this home was purchased. My question is, what avenue or who do i contact to either make him buy me out or sell the home. I am currently a full time student and cannot afford a lawyer. Is there a way to do this on my own? And who would i need to contact to get the ball rolling on this situation. I would just let him keep it but he has a bad habit of making bills and not paying them, so i want out before he ruins my name along with his own. Thank you for your help.
- loanmasteroneLv 71 decade agoBest Answer
This is the very reason I discourage single people from buying property together unless they have a written agreement before the purchase of any property.
You should find the Legal Aid Society listed in the phone book. You might also consider a para legal for advice as they are inexpensive. Most attorneys are free for the first consultation.
Even if he buy you out or take your name off the deed you would still be on the mortgage which what I think you want to accomplish.
You have to some how get him to refinance the house or pay it off. That is the only way you will have your name removed from the mortgage.
I hope this has been of some use to you, good luck.
- RachyLv 61 decade ago
Not sure if I'm reading this right... but if you were never on deed or mortgage to the home, you will need a lawyer. You may have jointly owned during your marriage, but if your partner never added you as an owner you may not have much recourse.
Either way, splitting the home assets should be included in divorce proceedings. If your partner won't budge on the issue of keeping the house, just contact the mortgage company directly and see if they can do anything for you to ensure your credit doesn't get screwed up if you are in fact on the mortgage. Both scenarios will likely require you to get a lawyer if you don't want to get screwed over.
- acermillLv 71 decade ago
If your ex-spouse refuses to sell or buy you out, your only option is to start litigation to request a partition sale judgment. It's a big hassle, and you WILL need legal representation to do it. A partition lawsuit is beyond the capabilities of the average person.
- bdancer222Lv 71 decade ago
If your ex won't agree, a partition lawsuit is the only way. Be prepared to spend about $10K and it will take a few years.
If you win, the property will be auction off on the courthouse steps. Basically, this is a lose, lose situation for you.
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- Anonymous1 decade ago
I disagree and think that any reasonably intelligent and industrious person can file the lawsuit to force the sale themselves without benefit of lawyer. Buy one of the Nolo Press books and get going. You can do it, trust me.
- Anonymous1 decade ago
" I am currently a full time student and cannot afford a lawyer. "
Actually, you can't afford to NOT have a lawyer.