Partition Lawsuit Tips
I am currently a joint tenant on a property with a previous boyfriend. I have asked him to buy me out for a very reasonable amount, but he refuses to do so.
I am aware that I can file a partition lawsuit to force the sale of the home. However, I am concerned about the percentage that I will receive. He has refused to pay me rent so I have not paid any mortgage payments since I moved out. We both paid 50% of the down when we purchased the property. Does anyone know whether I will actually be entitled to 50% of the sale proceeds or whether this will be reduced because I have not actually cut the check for the mortgage? Any other tips that anyone can share?
Thanks for all your help.
if you each own a 1/2 undivided interest in the property as joint tenants then it stands to reason that you should receive 1/2 of the net proceeds. you should probably speak to a lawyer in your state about this as this as your state may have a different treatment for this.