Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
‘I purchased a home in January. The loan is in my name alone, but another individual was added to the deed. I have been the sole tenant since the purchase and have paid everything (utility bills, monthly mortgage, down payment, home owner’s insurance, etc.) towards the home except for the inspection, which the other party purchased. The other person refuses to sign a quick claim deed and has no interest nor do they have the ability to qualify for a loan to buy me out. If I file a partition in court will the amount of money I have paid into the home be considered when the house is partitioned? Is there a chance the court will allow me to keep the home and force the other party to sign over the deed?’I’m a little confused as to the origin of this situation. If I understand correctly, the Other Person (OP) was involved in the purchase of the property, but only to the extent of paying for the home
inspection. You paid for everything else, and are solely responsible for the mortgage.
Question: I’m assuming that OP was put on the deed as part of the purchase, and not afterward. Be aware that if OP was put on afterward, that is likely to be a violation of the “due on sale” clause in your mortgage, and
could result in the lender demanding immediate repayment.So you bought the property along with OP, who has some percentage interest in the property. And now you’re asking to get that percentage of the property back, for free? What’s OP’s motivation to give this to
you?
To answer your question, yes, disproportionate payments to maintain and improve the property are usually taken into consideration in a partition action. But keep in mind also that, since you were the only one living in the property, any such extra payments you made would likely be offset by the rent that you didn’t pay to OP.Depending on how the numbers work out, it may make sense for you to buy OP out at something approximating what OP would get if the property were sold in a partition action. However, a court generally won’t force a sale to a co-owner; that usually happens because the parties prefer it to selling on the open market.
Answer:
A brief consultation with a local real estate attorney can allow you to approximate what the buy-out value might be, and offer it to OP if that makes sense.
