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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 30168
Experience:  Lawyer
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Own 51.5 percent of the home and I'm paying the mortgage and

Customer Question

Own 51.5 percent of the home and I'm paying the mortgage and all the bills can ievict the other party
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Ny
JA: Has anything been filed or reported?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: The person who owns 48.5 percent of the property is a direct liability to the estate
Submitted: 4 months ago.
Category: Legal
Expert:  Lucy, Esq. replied 4 months ago.


I'm Lucy, and I'd be happy to answer your questions today.

A joint owner of a real estate is not a tenant, which unfortunately means that general eviction proceedings do not apply. This is true regardless of their percentage of ownership. Everyone who owns the property has a right to use and enjoy it.

What you can do is bring an action for partition, which means one of two things. First, you can ask a judge to order that the other person be required to sell their interest to you. You would be required to pay them the fair market value of their share. The other option is to get an order that the property be sold so you don't have to own a house with this other person anymore. Any proceeds from the sale, after paying the mortgage, would be split 51.5/48.5%.

If the two of you had an agreement about who would pay for what, you could bring a breach of contract action against your co-owner for the money you're owed. That count can be included in a partition case. Essentially, you'd be asking a judge to let you deduct what you are owed from the money the co-owner would otherwise be receiving.

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Expert:  Lucy, Esq. replied 4 months ago.

Do you have any questions about this?