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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 114029
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My girlfriend and I were co-habitants of a home in New Hampshire.

Resolved Question:

My girlfriend and I were co-habitants of a home in New Hampshire. She put down $30,000.00 on the home, as I did not have funds for the down payment. Once we bought the home, she paid $750.00 or the rent and I paid $1,250.00, which continued for about 18 months. Unfortunately, she has a traumatic past, and suddenly had delusions that I was her previous abuser, and moved out in fear. I told her if she had to leave, I would take over all responsibilities of the home. I now pay the full $2,000.00, and all utilites are in my name. She abandoned the home, even though the joint mortgage states it would be her primary place of residence. In the meantime, I bought many things for our home and placed in on my credit card. She now wants to sell, but I don't has it may result in bankruptcy for me. I told her that she was welcome to sell her portion of the home, but I have no interest in selling anytime in the near future, and will continue to finance the home. Unfortunately, I do not have the funds to buy her out on the down payment. Now she has filed a restraining order against me, still believing falsely I am abusive, and is asking the court to force the sale of the house. Does the court have that power since we voluntarily bought the house together, never married, and had planned on living in the home until June 2013 when her son finished high school?
Submitted: 6 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 6 years ago.
Yes, when joint tenants on a property cannot agree as to the disposition of the property, the court can order a forced sale of the home. Of course if you can come up with some type of payment plan to buy her out, in situations like this many times the court will approve that instead of a sale because of the poor real estate market. The court may order you to take an equity loan to pay off her down payment to buy her out as one of the alternatives. At this point you need to get an attorney to fight her because I am sure your investment in the home is still sizable, even though it may not be as much as hers. But the court can order a sale if the parties cannot agree on terms, although they are not likely to put you out of the house because you are a legal joint tenant/owner.


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