Ask a Lawyer
Ask a Question

Posted Jan 19th, 2012
My girlfriend and I have joint ownership of a house. The mortgage is in my name. Upon break up what
are my/our options?

Additional Details:
The house we bought was my parents house. Being that her name is on the title I understand that she
is part owner of the house. I have been paying the mortgage with no help financially from her. Which
is fine since I make more money than her. We have both expressed that neither one of want move out.
So I proposed that we sell the house. This was met with resistance. Can I make her sell her portion
of the house? Can I make her remove her name on the title? What are our/my options? If we sell,
Whatever the house sells at, is she entitled to half of the selling price? or what is left over,
after the mortgage is paid off....How does this work? Thank you for time,
Legal Topic Area: Residential Real Estate in NY

The Real Property Law provides that in severing a joint tenancy, the parties have the option of buying each other out, or of forcing a sale.

Gerry Wendrovsky, Esq.- Upper West Side Lawyer
www.upperwestsidelawyer.com


Answered on Jan 24th, 2012 at 7:37am