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Thomas Swartz
Thomas Swartz, Lawyer
Category: Real Estate Law
Satisfied Customers: 3087
Experience:  Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
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I purchased a home with my boyfriend, (in July 2013) we hold

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I purchased a home with my boyfriend, (in July 2013) we hold title as tenants in common, now because I am not meeting his sexual needs he is demanding that we either put the house up for sale or I buy him out. Neither of us were financially able to purchase this house on our own but by combining resources we paid cash for it. I have no money to buy him out, and he has no money to buy me out. I love the house and don't want to sell it. We are senior citizens. Can he do this? Thank you for your help.
Hello JACUSTOMER,

Basically yes. A tenant in common can not be forced to continue to own property if they no longer wish to. If you do not put the house up for sale or buy him out voluntarily, your boyfriend would have the legal right to commence a judicial proceedings call an Action for Partition in which a court will order a sale of the property and divide the proceeds if one of the parties does not agree to buy the other out. Whether or not your boyfriend will actually go through the process of commencing a legal Partition Action is hard to say. He may just keep pestering you to buy him out. But he would have the legal right to commence the lawsuit, and court would eventually order a sale of the property and divide the proceeds.

Thomas
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