Legal Question in Real Estate Law in New Hampshire

property held as tenants in common

We divorced 2004. I am 70 this year. I wish to be bought out of lake house property. If he can't pay market value, may I bring a partition lawsuit ? I will be losing approximately $1,000.00 per month income in February,2008. I really need my money to live on and it just isn't working trying to share the house with him and his friend. The few years I have left I would like to be stress free and happy to enjoy my family. I do not need to be strapped with that house, taxes, etc. I do not have a partner to share expenses with as he does. Is petitioning for the sale something I could do? I really need to preserve as much of money as possible. I will also have to pay capital gains which will take some.


Asked on 4/04/07, 11:09 am

1 Answer from Attorneys
Herbert Cooper Law Offices of Jameson & Cooper

Re: property held as tenants in common

Assuming property is not dealt with in a divorce decree, and a tenant in common is unwilling to buy out another, there are not too many other options. I suggest, however, that you would be well advised to spend a little money on a real estate attorney, both in nudging the other party towards a sale, and assisting with the partition process if that does not succeed.

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Answered on 4/04/07, 5:28 pm


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