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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 28808
Experience:  JA Mentor
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I co-own a home in Michigan with a former girlfriend who

Customer Question

I co-own a home in Michigan with a former girlfriend who refuses to sell the home and equally divide the proceeds. what can I do to resolve this issue?
Submitted: 1 year ago.
Category: Real Estate Law
Customer: replied 1 year ago.
I was interested in my question being answered now, not in a day.
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is ***** ***** I'd be happy to answer your questions today. I'm sorry to hear about your situation.
You have the ability to file a Petition for Partition by Sale. Essentially, this means the judge will order the house sold. The proceeds from the sale will go first to pay any mortgages on the property, and the remainder will be split 50/50 between you, unless you have a written agreement that calls for some other division. If she would like to keep the house, the judge MAY allow her to buy you out, assuming she has the ability to do so. She would be responsible for any closing costs associated with the refinance. But if you also have the means and desire to buy her out, the house will be sold.
You're also allowed to sue for conversion for any personal items in the property that belong to you, and half the value of any items you purchased together. She doesn't get everything because she happened to call the locksmith first�that wouldn't make any sense as a law.
Another option, if you'd prefer to avoid going to court, is to send her a demand letter, via certified mail, giving her the option to refinance the house in her name only and buy you out of your share (or list it for sale) to avoid a lawsuit. Note that she cannot sell it without you if your name is ***** ***** deed. Or you could ask a local attorney to write the letter and see if she gives it more attention.
But at the end of the day: She doesn't get to just keep the house and pay you nothing. That's not how the law works.
It's important that you are 100% satisfied with my courtesy and professionalism. Thank you.