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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 34728
Experience:  Attorney with 16 years experience
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My partner and I own a house together in Nashville TN. We

Customer Question

My partner and I own a house together in Nashville TN. We purchased it two years ago with the profit of the sale of my home. We are now splitting up and are not married. How do we dissolve our relationship and the house?
Submitted: 4 months ago.
Category: Family Law
Expert:  Barrister replied 4 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Are you both on the deed to the property?

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Do you have other assets together or just the house?

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thanks

Barrister

Customer: replied 4 months ago.
Just the house and yes we are both on the deed and mortgage. I don't want to sell he does.
Customer: replied 4 months ago.
I am also in the process of bankruptcy due to a health issue and being out of work for almost two months last year.
Expert:  Barrister replied 4 months ago.

Ok, with regard to the house, if you are both on the deed, and one of you doesn't want to sell, then the other will have to file a "partition lawsuit" to get a judge to issue an order to sell the house at public auction to the highest bidder. If one of you wants to buy out the other, they can bid at the auction along with anyone else and if they are the high bidder, they would then pay the other owner half of the final bid. As part of any division, you would be able to request that your down payment be returned first off the top and then any profit over the mortgage payoff be divided evenly.

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This is unless you can come to an agreement on a private buy out... One thing you need to be aware of is that unless the house is sold outright and the mortgage paid off, both parties will remain on the mortgage unless whoever ends up with it refinances in their name only.

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thanks

Barrister