10 years ago I bought a house with my friend "Emily". Last year things started downhill and I have been driven to stay in my room only. Emily has had a co-worker move in with us without consulting me, and the 2 of them have literally taken over the house so that I can't even use the TV in the living room, etc. The co-worker has been staying in the basement but now they want her to move to the master bedroom which is actually the computer room. I refuse to move MY stuff out of there so they have taken it upon themselves to do it! I want out of the situation and the house and asked Emily to buy me out. She said it was not an option. I now want to sell it and she said she didn't. How do I sell the house and get out of this? Thank you!
How can I sell my house when the other person who owns it with me won't?
- Thread Starter lherman48
- Start date
- Status
fredrikklaw
Moderator
Partition and sell it!
First of all, there is no need for you to argue with "Emily" any more about who occupies what room, in fact, you do not need to argue with her about anything having to do with territorial limits and her refusal to join you in selling the house. Simply because you do not need her to resolve such disputes in as much as she does not need you for the same.
You and Emily are Joint Tenants, and as such, each of you has an equal half share of the property and while you are said to be joint tenants on the deed, you are not joined at the hips and can treat your equal share of the property as if it was a complete separate house with you as the sole owner. This means that you can will, convey, put in trust, sell, transfer title of your portion to whomever you want and at any time you wish and do not need her blessing to do so. So if you want to be out of there, find a buyer for your part of the tenancy and walk out. By the same token, she has no rights or powers under the tenancy to stop you from doing so.
Meanwhile, in order to save your sanity and maintain civility, get together with her and divide the house and allocate territories so as not to step on each others' toes, and if she refuses to do so, then simply file a an Action in Partition and let the judge/court draw you the boundaries.
fredrikklaw
First of all, there is no need for you to argue with "Emily" any more about who occupies what room, in fact, you do not need to argue with her about anything having to do with territorial limits and her refusal to join you in selling the house. Simply because you do not need her to resolve such disputes in as much as she does not need you for the same.
You and Emily are Joint Tenants, and as such, each of you has an equal half share of the property and while you are said to be joint tenants on the deed, you are not joined at the hips and can treat your equal share of the property as if it was a complete separate house with you as the sole owner. This means that you can will, convey, put in trust, sell, transfer title of your portion to whomever you want and at any time you wish and do not need her blessing to do so. So if you want to be out of there, find a buyer for your part of the tenancy and walk out. By the same token, she has no rights or powers under the tenancy to stop you from doing so.
Meanwhile, in order to save your sanity and maintain civility, get together with her and divide the house and allocate territories so as not to step on each others' toes, and if she refuses to do so, then simply file a an Action in Partition and let the judge/court draw you the boundaries.
fredrikklaw
- Status
