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Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31784
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I purchased a rental house with my boyfriend and we are no

Customer Question

hello, i purchased a rental house with my boyfriend and we are no longer together, we are on title together but i payed for the purchase of the home, we are not getting along and i want to know what my rights are in this situation, can you please help me, thank you
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'll be glad to assist.

Customer: replied 1 year ago.
Hi roger!
so i purchased a house with my ex boyfriend at the start of 2016 as a vacation rental, we have since broke up and do not agree with how to run the property. we are both on the title, but i paid for the house using my funds. what are my right, and do i have any legal recourse?
Customer: replied 1 year ago.
he was supposed to pay me back for 1/2 of the purchase price of the house but has yet to do so, he has made efforts to acquire a loan but has been unsuccessful thus far.
Expert:  Roger replied 1 year ago.

IF you both own the property (50/50), then your rights are equal. Therefore, neither of you have more say or rights than the other.

That said, you can file a partition lawsuit, which forces the sale of the property....and your boyfriend cannot stop it. If you were to file this action, the court would order an appraisal of the property, and then the judge would offer either owner the option of buying the other out. If there are no takers, then the judge would order that the property be sold at public auction.....and the proceeds will be used to retire any debt, and the remaining proceeds will be split between you equally.

Customer: replied 1 year ago.
even if i can prove i paid for the property?
Expert:  Roger replied 1 year ago.

It doesn't matter who paid for it......unfortunately. All that matters is whose name appears on the deed/title.

Customer: replied 1 year ago.
i would like to purchase the property outright from him, is there a way of doing that legally other than what you suggested above?
Expert:  Roger replied 1 year ago.

IF you are both listed on the title as 50/50 owners, then that's the legal ownership and that's how the property will be sold and how proceeds will be divided.

Expert:  Roger replied 1 year ago.

As for buying him out, it is possible to do this IF he agrees to sell you his interest. BUT, if he refuses, then your only option is to file the partition suit and force it through legal proceedings.

Customer: replied 1 year ago.
we remodeled the cabin and put a bunch of money into it and we both did a lot work, if he were to sell it to me he wants me to pay for his labor costs, which would mean he would have to backdate and send me invoices for his hours, is that legal?
what do you suggest i do?
Expert:  Roger replied 1 year ago.

If you purchase his interest without court intervention, then you can agree to whatever you like. However, if he makes unreasonable demands, etc., then you can file the partition suit, ask the court to set the fair market value through an appraisal, and then either buy him out for that amount or either proceed to selling the property.

Expert:  Roger replied 1 year ago.

So, you can refuse to pay him for his time/labor in making improvements....and you can - instead - opt to file the partition suit and seek court intervention to get the property sold and proceeds divided.

Expert:  Roger replied 1 year ago.

Thanks for your question and please let me know if you need anything further. Thanks again!

Customer: replied 1 year ago.
basically there is nothing i can do other than file the partition suit?