Legal Question in Real Estate Law in New York

Re: Selling Battle

I agree with Proshka, that if you are both named on the Deed, you are at risk. His threatened court action is for partition, which is allowed when any unmarried co-owners are in dispute. Your choices are limited, as she mentions. There may also be questions of equal contributions to date, and how a sales price will be determined, if there were not equal contributions to costs and upkeep. I also suggest settling without going to court, as the costs involved will reduce any equity you have, plus the fact that in a forced sale (if the court orders a sale and imposes a short time period to accomplish it) might not bring the best price. Further, after the summer, you might not get a full price, as many buyers with children want to be in before a new school year starts. Plus, if not sold before the winter starts, many people defer buying to avoid the costs of heating, etc. These realities of selling a home should be considered to maximize the selling price as well as minimize the aggrivation that will take place if the sale is deferred.

Re: Selling Battle

If you can afford the house on your own, you may consider buying his share.

It is not clear what his grounds to go to court are. This may be something that you need to explore more deeply with an attorney.

Re: Selling Battle

If both of your names are on the title or property deed, and you are not married, your options are: a) Both of you can sell to a third party. b) He can sell his share or interest in the property to you. c) You can sell your share or interest to him.

You may settle and agree, without a Court ORder. Or, either of you can file a "Partition" Action. In which case the court will ultimately require one of the above mentioned options; after the attendant lawyer fees, time, court costs and aggravation.

Please note, You cannot compel a (an unrelated) co-owner of property to continue to co-own property with you, (or support you or the property) notwithstanding your special circumstances, without an original agreement to do same.

Suggest that you settle this matter, ASAP.

If you cannot afford to live in the property with your children, without his contributions, you should prepare yourself to sell and move to more affordable housing.

Good luck,

Phroska L. McAlister,ESQ