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Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 53669
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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I've had a house with an ex since 2007, I've lived there from

Customer Question

I've had a house with an ex since 2007, I've lived there from 2007-2011 without him. He has been there since 2011-2016. Do I still have the right to have him buy me out regardless the situation? If so, what are the steps I need to take to do so? He's threatened that if I don't sign a quit claim that he will take me to court make me pay his attorney fees.
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Richard replied 6 months ago.
Hi Shuamae. My name is ***** ***** I look forward to helping you. You do have the leverage to either have him buy you out (including getting you released from any mortgage liability) or to force the sale of the house. If your co-owner will not either agree to sell the property or purchase your interest, you can file a suit for partition. The result of that suit will be one of the following: i) if the property can be equitably subdivided, the court will order the property divided into smaller parcels with each owner then owning 100% of their own smaller tract with full control over that tract; or ii) if the property cannot be equitably subdivided, the court will order the property sold and the proceeds divided. Since a house cannot be divided, the court will order the house sold. The reality is that in most cases, once the owner fighting the sale finds out the certainty of the result of a suit for partition, that owner typically agrees to the sale without the suit to avoid the costs of the suit. Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

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