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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 115460
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I own half of a home with my daughter and son in law. They

Customer Question

I own half of a home with my daughter and son in law. They are divorcing and my daughter and I want to sell it as she does not want any financial ties with him. Since they basically own one quarter each can I force him to sell the home since I have half ownership. I do no want to buy him out since he has not contributed financially in the 5 yrs we have owned it. Only myself and my daughter have paid for everything. Thank you Laraine
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: New Jersey
JA: Has any paperwork been filed?
Customer: She has a lawyer he is in the process of getting one. We have not discussed the sale of the home with him because I need to know my legal rights regarding selling the home. I believe he wants to keep his name on the house but will not help with payments or upkeep
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
In the divorce, since neither you or your daughter want the house, then the court will order that the house be sold or he buy the house. If he does not want to buy you out based on your share of the equity and your daughter's share of the equity, then the court will force a sale. They will not allow him to just keep his name on the house and during the marital property settlement the court will force him to buy the house out or will order it sold.
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