Legal Question in Real Estate Law in California

Bought a house with my boyfriend; we have broken up; if I tell him I'm willing to walk away from the mortgage in order to prompt him to come to a resolution (he's refusing to sell to me or sell anytime soon), can he do anything to stop me? I obviously don't want to walk away, but I'm sure he thinks he can stall because he thinks I won't hurt my credit and lose my money. Any other remedies are welcome, of course. He refuses to have a reasonable conversation at this point, and seems quite willing to cohabit.


Asked on 4/18/13, 2:46 pm

1 Answer from Attorneys

Rather than ruin your credit, why don't you just file an action for partition. That is a legal proceeding to divide a property when any co-owner no longer wishes to be co-owners and the other co-owner(s) refuse(s) to buy-out or sell. It is called "partition" because long ago the courts would literally divide a parcel of land into parcels for each owner. Modern zoning and subdivision laws prevent that; so the modern version is a court-ordered sale by the sheriff, much like a foreclosure, and then distribution of the proceeds to the owners (subject to litigation of reimbursement claims if any). Since the sheriff's sale, just like a foreclosure, will invariably bring less than a normal sale, well marketed by a professional real estate agent, and will cost a lot in attorneys' fees, once a partition action is filed the parties pretty much invariably quickly come to a compromise for either a buy-out or joint marketing and sale of the property.

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Answered on 4/18/13, 3:57 pm


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